Grinshpun v. University of British Columbia
T-2433-98
Hargrave P.
21/12/99
5 pp.
Simplified action-Application for security for costs in simplified action pursuant to r. 292-Defendant bringing present motion for security for costs on basis of r. 416(1)(f), providing order for security for costs available if defendant having order against plaintiff for costs in same or another proceeding that remain unpaid in whole or in part-Defendant referring to unsatisfied taxed costs in B.C. Supreme Court action of $3,900-Also referring to plaintiff's affidavit in companion B.C. Supreme Court action in support of application to be declared indigent, eligible for relief from prescribed payment of Court fees; October 1999 reasons in which B.C.C.A. noting applicant indigent-R. 298 providing, subject to limited exceptions, motion in simplified action shall be returnable only at pre-trial conference-Security for costs not one of exceptions-On facts defendant having strong argument security for costs ought to be granted, but for r. 298, and defendant would be able to bring motion for security for costs at pre-trial conference early in new year-Simplified action, governed by rr. 292 to 299, new procedure designed to streamline actions embodying purely monetary claims of $50,000 or less, with view to having such actions disposed of more quickly and at less cost than through conventional action-To this end, discovery process circumscribed, evidence in chief adduced by affidavit and, r. 298 mandating motions, subject to some specific exceptions, returnable only at pre-trial conference-Sometimes matter has been removed from ambit of simplified rules to dispose of motion and then, assuming proceeding still fitting within simplified action rules and both justice and intent of simplified action proceedings best served by simplified procedure, matter reinstated as simplified action-Exercise of that discretion requiring special circumstances-Nature of special circumstances indicated by nature of exceptions to r. 298-Release of ship from arrest elemental part of in rem procedure: unthinkable to require shipowner to wait months, until pre-trial conference might be held, to apply for release of ship-These exceptions touch upon basic issues going to essence of proceeding, or are matters which must be dealt with immediately either to allow action to proceed or to do justice-Examples of when would remove action from ambit of simplified action rules to hear motion, before pre-trial conference: extensions of time for service of statement of claim, substitutional service, adding of necessary party, motions for preservation of property, motions to allow movement of ship under arrest-List open-ended, but subject-matter of such motion must either be basic to action, or essential in order to allow action to proceed, or be matters which clearly cannot wait for pre-trial conference-Security for costs not essential basic to present action or its progress-Federal Court Rules, 1998, SOR/98-106, rr. 292, 298, 416(1)(f).