Pondwood Realty Inc. et al. v. Piller Investments Ltd. et al., (1998) 83 O.T.C. 54 (GDM)

• Court: Ontario Court of Justice General Division (Canada)
• Case Date: November 20, 1998
• Jurisdiction: Ontario
• Citations: (1998), 83 O.T.C. 54 (GDM)

Pondwood Realty Inc. v. Piller Inv. (1998), 83 O.T.C. 54 (GDM)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. DE.074

Pondwood Realty Inc. and Shackal Limited (plaintiffs) v. Piller Investments Limited, Hartschel Investments Limited, Swatara Corporation, Sky Holdings Limited, Chesswood Square Realty Ltd., Finch Square Realty Ltd., Homedale-Eagle Corp., Tiggeral Limited and Vier Corp. (defendants)

(File No. 98 CV-145917)

Indexed As: Pondwood Realty Inc. et al. v. Piller Investments Ltd. et al.

Ontario Court of Justice

General Division

Cork, Master

November 20, 1998.

Summary:

The corporate plaintiffs brought an action respecting property rights and effective beneficial ownership in properties worth $1,000,000 and $2,000,000 respectively. The plaintiffs were "foreign" plaintiffs (outside jurisdiction) and had no assets in Ontario. The defendants brought a motion to require the plaintiffs to post security for costs.

A Master of the Ontario Court (General Division) ordered that the plaintiffs post $30,000 security for costs and a further $30,000 at the time that the plaintiffs proceeded to set the action down for trial following the completion of the interlocutory processes.

Practice - Topic 8107

Costs - Security for costs - General principles - Where plaintiff is corporation or association - General - See paragraphs 1 to 7.

Practice - Topic 8113

Costs - Security for costs - General principles - Where plaintiff resident out of jurisdiction - General - See paragraphs 1 to 7.

Counsel:

C. Silver, for the plaintiffs;

J. Hart, for the defendants.

This motion was heard before Cork, Master, of the Ontario Court (General Division), who released the following judgment on November 20, 1998.