Structural Instrumentation, Inc. v. Balance Électronique de Camion R.T. Inc.
T-1055-93
Denault J.
3/8/93
4 pp.
Application for security for costs based on argument plaintiff ordinarily resident outside jurisdiction pursuant to R. 446(1)(a) -- Plaintiff incorporated in U.S. state of Delaware where it has head office and registered in British Columbia as extra-provincial company -- In order to be entitled to require security for costs defendant must first establish plaintiff in one of categories of R. 446(1)(a) to (d) and that circumstances warrant granting of security -- Fact plaintiff long had place of business in Canada, has employees here and keeps inventory and accounts receivable for large sums operates in its favour and constitutes circumstances justifying Court in exempting it from providing security -- Application dismissed -- Federal Court Rules, C.R.C., c. 663, R. 446(1).