Union Square Hospitality Group, LLC v. Aquilini Restaurants LP, 2025 FC 880
Justice Duchesne - 2025-05-14
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The Defendant asks this Court to order the Plaintiffs to post security for the Defendant’s estimated costs of this proceeding, up to and including for a 3-day trial, in the amount of $ 175,000. ... The Plaintiffs’ concession that there are not ordinarily resident in Canada make it so that the Defendant has met its burden of proof pursuant to Rule 416(1)(a) and is, subject to the Court’s discretion, prima facie entitled to obtain an order for security of costs ... The Court’s decisions in Lavigne and Matthews are persuasive with respect to the issue of staging the posting of security for costs as costs are incurred pursuant to Rule 416(2) as a means of balancing the parties’ respective legitimate interests in advancing this litigation on the one hand and reasonably guarding against potentially unfair difficulties in the recovery of costs from foreign plaintiffs on the other. ... The posting of security for costs in stages will therefore be ordered. In addition, following the Plaintiffs’ suggestion in their argument, the amount of security to be posted at this time will be a total of $ 20,000 rather than the $ 17,560 amount included in their draft Bill of Costs.
Decision relates to:
- T-205-25 - UNION SQUARE HOSPITALITY GROUP, LLC et Al. v. AQUILINI RESTAURANTS LIMITED P