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Court Procedures Rules
1902Security for costs—discretionary factors
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1902 Security for costs—discretionary factors
(1) In deciding whether to make an order for security for costs under
rule 1900, the court may have regard to any of the following matters:
(a) the means of the people standing behind the proceeding;
(b) the prospects of success or merits of the proceeding;
(c) the genuineness of the proceeding;
(d) for rule 1901 (a)—the corporation’s lack of financial resources;
(e) whether the plaintiff’s lack of financial resources is attributable
to the defendant’s conduct;
(f) whether the plaintiff is effectively in the position of a defendant;
(g) whether an order for security for costs would be oppressive;
(h) whether an order for security for costs would stop or limit the
progress of the proceeding;
(i) whether the proceeding involves a matter of public importance;
Rule 1903
(j) whether there has been an admission or payment into court;
(k) whether delay by the plaintiff in starting the proceeding has
unfairly prejudiced the defendant;
(l) whether an order for costs made against the plaintiff would be
enforceable within the jurisdiction;
(m) the estimated costs of the proceeding.
(2) This rule does not limit the matters to which the court may have