Facts:

• Waterdown Garden Supplies Ltd. and Gary McHale filed a lawsuit against the City of Hamilton and others, alleging illegal dumping of contaminated soil on their property. The defendants, City of Hamilton and Craig Saunders, sought security for costs, arguing the plaintiffs structured their finances to avoid cost liabilities.

Issues:

• The court considered whether to grant the defendants’ motion for security for costs, focusing on the plaintiffs’ financial arrangements and the merits of the case.

Court's Ruling:

• The court granted the motion for security for costs, finding that the plaintiffs appeared to have sufficient assets but structured their finances to shield these assets from being accessed for costs. The court emphasized that the plaintiffs’ approach seemed strategic rather than reflective of their actual financial status.
• The court ordered the plaintiffs to pay $252,560.00 for the City of Hamilton and $124,416.00 for Craig Saunders as security for costs by April 26, 2024, with a stay on the action until payment is made.