Key Points:

• Motion: Defendants Chartrand and Boss Man Limited requested the plaintiff to post security for costs under Rule 56.01.
• Trial Schedule:
  • Trial: March 10, 2025
  • Discovery Examinations: July 2024
  • Answers to Undertakings: September 15, 2024
  • Affidavits: October 2024 to January 2025
  • Pretrial: January 14, 2025

Preliminary Issue:

• Adjournment Request: Denied as plaintiff had agreed to the motion date and was allowed time for a business call.

Analysis:

1. Rule 56.01(1)(a):
   • Evidence suggested plaintiff's address (211-1460 Queensway, Toronto) was not residential but a storage facility.
   • No evidence plaintiff resided outside Ontario.
   • Plaintiff must provide a residential address to defendants.
2. Rule 56.01(1)(b):
   • No pending duplicative proceeding as an earlier action (CV-22-67604) was discontinued.
3. Rule 56.01(1)(e):
   • Evidence indicated plaintiff might lack sufficient assets in Ontario.
   • Defendants estimated costs up to $75,000; plaintiff anticipated $200,000.
   • Plaintiff's associated businesses had no addresses or functional websites.
   • However, no sufficient evidence that the claim was frivolous and vexatious.
   • Previous motion to dismiss (May 2022) under similar claims was rejected as facts had to be accepted as true unless patently ridiculous.

Conclusion:

• Motion Dismissed: The defendants' motion for security for costs was denied.

Important Observations:

• The claim involved an alleged false accusation of theft by Chartrand against Lewis.
• The credibility of the parties could not be resolved at this stage.

Order:

• The plaintiff is to provide his residential address to the defendants.
• The document does not mention any specific monetary award.