Background: The case involves two construction lien actions by Probert Construction Inc. (Probert) for claims related to labor and materials on two properties. Trez MR Holdings (Ontario) Ltd. (Trez) moved to vacate the liens and brought a motion for security for costs.

Motions: Trez sought orders for (a) Antonio Bertucci of Probert to answer certain questions and undertakings; (b) re-attendance for oral examination; (c) leave to bring a motion for security for costs; and (d) Probert to pay security for costs.

Key Issues: The primary issues were whether Trez should be granted leave to bring the motion for security for costs and, if so, whether Probert should be ordered to pay it.

Rulings:

• The examination issues (a-c) were resolved prior to the hearing.
• The court denied leave to Trez for the security for costs motion, finding that Trez did not sufficiently demonstrate that Probert had insufficient assets in Ontario to pay costs. The evidence provided by Trez was deemed speculative and did not show Probert's insolvency or instability.

Outcome: The motion for security for costs was dismissed. The court ruled that both parties bear their own costs for the motions. No financial terms specified.