The Defendant applied under the Business Corporations Act, RSA 2000, c B-9 (the “Act”) for Security for Costs as against the Plaintiff. Master Schlosser noted that the Defendant relied on an Affidavit attesting to the Plaintiff’s inability to pay Costs. While Master Schlosser noted that neither the Act nor Rule 4.22 provide a specific time in which a Security for Costs Application must be brought, there was no doubt that such an award must be made at the earliest opportunity and may be brought before a Statement of Defence is filed.

Master Schlosser also noted that the former Rule for Security for Costs stipulated that the Affidavit must attest to the merits and nature of the Action in which the Order was sought. Master Schlosser observed that the “old Rule contains good advice”. As the Applicant had not entered such evidence in this case, the Application was dismissed with leave to re-apply with a further or better Affidavit.