Some Defendants were bringing a motion to require the Plaintiffs (who resided outside of Ontario) to post security for costs (i.e. to pay money into court pending the outcome of the case in the event that the Plaintiffs were unsuccessful and may be responsible for paying all or part of the Defendants’ legal bill). Prior to that motion for security for costs, Thomson Rogers, on behalf of the Plaintiffs, brought a motion seeking to compel the Defendants to be examined for discovery (i.e. to answer questions under oath) before the hearing of the security for costs motion. Ms. Gilbert argued the motion on behalf of the Plaintiffs and was successful: the Defendants were ordered to be examined for discovery before the return date of the security for costs motion. The significance of this outcome is that the Plaintiffs should ultimately be in a better position to respond to the Defendants’ security for costs motion with the further information that they should be able to obtain at the Defendants’ discoveries.

Pervan et al. v. Jackson et al. Proceedings

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