The test is therefore twofold, firstly that the Court is satisfied that it is just to make the order, and secondly, one or more of the conditions in ss2 or an enactment permits the court to order security.
Introduced in 2018, it is a summary procedure under Rule 3.68 of the Alberta Rules of Court that may be used to address a “claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process.” It is intended as a “fair and proportionate mechanism to ...
An order for security for costs protects a party (often a defendant) against the risk that they will win at trial and be awarded their costs, but then not be able to enforce a costs order against the other (losing) party, either within the jurisdiction or abroad.
The Crabtree Principle: counterclaims - If counterclaimant going beyond self defence and launching a claim of their own, court will usually order no security or that both sides put up security.
After the judgment is rendered, a party can have its legal costs reimbursed by the opposite party (art. 339 and ss C.C.P.). In principle, legal costs are owed to the successful party, unless the Court decides otherwise (Art.
Rule 162. Dismissal or Non-suit (1988) At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit which shall be entered in the minutes.
Rule 92. General Denial (1941) A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.
The limit to the amount that a person can sue for in small claims cases is $20,000. Justice courts can also settle landlord/tenant disputes such as evictions and repairs.