Motion:
- Purpose: The respondent filed for security for costs amounting to $10,000, to be paid before an assessment hearing scheduled for July 24-26, 2024. Buchin is seeking to assess legal service fees charged by Scher, which he has paid totaling $53,089.73.
- Respondent's Argument:
- Claims the applications are frivolous and vexatious.
- Asserts Buchin lacks sufficient assets to pay any cost award, evidenced by his filing of a consumer proposal under the Bankruptcy and Insolvency Act (BIA).
Key Points from the Decision:
- Lack of Evidence for Frivolous Claims:
- The court did not find sufficient evidence to label the applications as frivolous or vexatious.
- Notices of application were not included in the respondent’s materials.
- Consumer Proposal:
- Buchin's consumer proposal under BIA acknowledged, confirming he lacks sufficient assets.
- Security for Costs Standard:
- Referenced Rule 56.01(e) of the Rules of Civil Procedure and leading case Yaiguaje v. Chevron Corp, emphasizing the need for a holistic assessment of justness.
- Access to Justice Concerns:
- Potential access to justice concerns were noted but not fully briefed or argued.
- LSO Complaint:
- A complaint by Buchin to the Law Society of Ontario was not pursued further by the LSO, which was not taken as evidence of frivolous applications by the court.
- Costs Amount:
- The respondent failed to provide detailed cost outlines for the forthcoming hearing.
Conclusion:
- The motion for security for costs was dismissed.
- Costs for the motion will be addressed in the cause of the assessment hearing.
- No monetary award.
