PRACTICE |
Costs |
Offrey v. Avalon Mist (The)
T-1638-00
2003 FCT 35, Lemieux J.
16/1/03
4 pp.
Motion for order requiring plaintiff to post security for costs pursuant to r. 416(1)(b) of Federal Court Rules, 1998-- Plaintiff involved in a collision between fishing vessels-- Plaintiff owns vessel Lady Madge and stated not having sufficient assets to pay $20,000 or $10,000 in costs--When insurance company with a subrogated claim sues for claim in name of the insured, that person, the insured, is a nominal plaintiff--Plaintiff has interest in recovering deductible already paid--However, does not have substantial interest in action--Reason to believe plaintiff would have insufficient assets in Canada to pay defendants' costs--Plaintiff had opportunity to reveal true financial picture which plaintiff failed to do despite Court's order--Accordingly, defendants entitled to security for costs--Federal Court Rules, 1998, SOR/98-106, r. 416(1)(b).