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Appeals - Security for Judgment. Faraone v 285 Spadina SPV Inc.
In Faraone v 285 Spadina SPV Inc. (Div Court, 2023) the Divisional Court considered a security for costs (and 'judgment') motion in an appeal, which was from an unusual RTA s.207(2) application (which was allowed) to terminate and evict [SS: when the dollar value exceeds $35k RTA s.207(2) allows such applications to be brought in the Superior Court, not the LTB].
In this quote, the court orders both security for costs on appeal - and as well, 'security for judgment on appeal':[20] In addition to security for costs, a court may order security for judgment on appeal: Creative Salmon Company Ltd. v. Staniford, 2007 BCCA 285 at paras. 12 and 14; Wiseau Studio, LLC v. Harper, 2021 ONCA 31 at para 24. I note the caution from the Court of Appeal in Wiseau that “[s]ecurity for judgment is an extraordinary remedy that should only be granted in exceptional circumstances.”
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[23] I conclude that in all of the circumstances a just order is based on the amounts ordered against Mr. Hitti by Justice Dineen, including the costs of the application and the estimated costs of this appeal.
[24] Accordingly, I order the Respondent, Ronald Hitti, to post security for costs and judgment in the amount of $143,886.87 within 15 days of the release of these reasons, failing which the appeal shall be dismissed.
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