Ferguson v. Arctic Transportation Ltd.
T-1941-93
Teitelbaum J.
9/8/96
11 pp.
Security for costs-Motion to set aside order that plaintiff post security for costs on ground unable to do so and motion for permission to file fresh evidence on appeal of Prothonotary's order-Plaintiff should be allowed to produce fresh evidence-Motion to set aside dismissed-R. 1014 not applicable as plaintiff not seaman and not suing for wages but for damages-No merit to allegation plaintiff impecunious-Fact action commenced in 1993 and security for costs heard in 1996 irrelevant as "delay" not out of ordinary and, more importantly, no evidence plaintiff suffered any prejudice-No error in Prothonary's decision-Federal Court Rules, C.R.C., c. 663, RR. 446, 1014.
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