Security for Costs when a Plaintiff or Applicant is Ordinarily Resident Outside Ontario
As people become more mobile, litigation in Ontario increasingly involves parties that may be ordinarily resident outside Ontario, including in another country such as the United States. This situation arises with some frequency in estate litigation, where, for example, adult children may no longer reside in the same city, province or country as their parents, yet they are often the primary beneficiaries of their parent’s estate.
One useful tool for estate litigators is Rule 56.01(1)(a), which provides that a court may make an order for security for costs against a plaintiff or applicant who is ordinarily resident outside Ontario. This article examines the caselaw interpreting this particular provision in the context of estate litigation. However, the factors considered in this caselaw are equally applicable to general civil litigation.
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