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Security for costs

21.01. The Court may order security for costs to be given in a proceeding whenever it deems it just, and without limiting the generality of the foregoing, it may order security to be given where

             (a)  a plaintiff resides out of the jurisdiction;

             (b)  a plaintiff is ordinarily resident out of the jurisdiction, although the plaintiff is temporarily within the jurisdiction;

             (c)  a plaintiff commences a proceeding to enforce a cause of action that is the subject matter of an earlier proceeding commenced by the plaintiff and still pending;

             (d)  a plaintiff, or any person, through or under whom the plaintiff claims, has an order against the plaintiff for costs that have not been paid;

             (e)  a proceeding is brought by a nominal plaintiff;

              (f)  upon the examination of a plaintiff it appears that there is a good reason to believe that the proceeding is frivolous and vexatious, and that the plaintiff is not possessed of sufficient property within the jurisdiction to pay costs;

             (g)  a proceeding is brought on behalf of a class;

             (h)  by a statute, a party is entitled to security for costs; or

              (i )  a plaintiff, with the view to evading the consequences of the litigation, has not stated an address in the originating document, or stated it incorrectly therein, or changed the address during the course of the proceeding.

1986 c42 Sch D rule 21.01

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Manner of giving security

21.02. (1) Security for costs shall be given in such manner, at such time, and on such terms, if any, as are provided in an order of the Court.

             (2)  Where security for costs is ordered, the proceeding shall be stayed upon service of the order until the security is given.

             (3)  Upon default in giving security, the proceeding may, on an ex parte application, be dismissed with costs.

             (4)  The amount of security may be increased or diminished from time to time by the Court.

1986 c42 Sch D rule 21.02

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Release of security

21.03. Security given for costs may be paid out or released on an order of the Court.

1986 c42 Sch D rule 21.03

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Counterclaims and third party proceedings

21.04. The provisions of Rule 21 shall apply to counterclaims and third party proceedings, with any necessary modification.

1986 c42 Sch D rule 21.04