17 Feb 2023
Success Group Holdings Ltd. v Fraser Valley (Regional District)
In the case of Success Group Holdings Ltd. v. Fraser Valley (Regional District), dated February 17, 2023, the defendant, Fraser Valley Regional District, made a request for $40,000 as security for costs from the self-represented corporate plaintiff, Success Group Holdings Ltd. The plaintiff opposed this request. The plaintiff had initiated a lawsuit, alleging various claims against the defendant, who vehemently denied the allegations and raised appropriate defenses. The defendant argued that the plaintiff might be unable to cover the costs if the defendant were to prevail. Upon examination, the court determined that the defendant had established a prima facie case, thus shifting the burden onto the plaintiff. However, the plaintiff failed to provide sufficient evidence regarding its financial resources. Consequently, the court issued an order for the plaintiff to provide $30,000 as security for costs, which was to be paid in two installments. The first installment, amounting to $10,000, was required to be submitted within 30 days, or the defendant would have been entitled to seek dismissal of the action. The remaining $20,000 was to be paid prior to the plaintiff filing a Notice of Trial. The determination of the costs incurred during this application would be made at a later stage as costs in the overall case.