Li Wen Tan (Appellant) vs. TD Bank Group and TD Waterhouse Canada Inc. (Respondents)
Originated from a dismissed application by Tan to set aside a consent order agreed upon on December 1, 2023, which dismissed Tan’s claim against the Respondents.
Tan alleged breach of a Settlement Agreement by the Respondents for not delivering $17,000 settlement funds within 21 days and claimed to have signed the agreement under duress.
The chambers judge found no breach (funds were paid on time) and rejected the duress claim, stating Tan chose to sign the agreement.
Issues/Main Discussion:
Tan applied for no fees order and modifications to appeal document requirements; Respondents applied for security for costs.
The court dismissed Tan’s applications due to the appeal being bound to fail and considered an abuse of process.
The court granted the Respondents' application for security for costs ($7,500), citing the timeliness of the application and risk of non-recovery.
Ruling:
Tan's appeal was deemed to lack merit, aiming more to extort funds from Respondents than correct judicial errors.
The court required Tan to comply with standard legal procedures, despite his financial or indigent status, to prevent abuse of the legal system.
Security for costs ordered against Tan, emphasizing the appeal’s lack of merit and the potential difficulty for Respondents to recover costs.
Amount Awarded: Tan was ordered to post security for costs of the appeal in the amount of $7,500 within 30 days, with the appeal stayed pending this posting.
