Fraser v. Janes Family Foods Ltd. et al. 2012 FCA 99
Practice - Costs - Security for costs - General principles - Where plaintiff insolvent or impecunious
The plaintiffs brought a patent and trademark infringement suit against the defendants. The defendants moved for security for costs. The motion was bifurcated between liability and quantum.
A Prothonotary of the Federal Court directed that the plaintiffs post security for costs. The plaintiffs appealed.
The Federal Court, in a decision reported at 390 F.T.R. 82, dismissed the appeal. The plaintiffs appealed.
The Federal Court of Appeal dismissed the appeal.