HSH wins critical court hearing to allow foreign resident clients access to Ontario's courts
Lawsuits are generally brought in the jurisdiction in which the accident took place. This means that if an American citizen traveling in Ontario is injured here, the lawsuit will typically take place in Ontario.
Foreign plaintiffs who want to bring a lawsuit in Ontario can face an additional burden which does not affect Ontario residents. Aside from being physically far away from the courts and their lawyers, foreign plaintiffs may be ordered to pay money into court as a deposit. Such a deposit is known as "security for costs." Those funds would be accessed by the defendant should the defendant succeed at trial. The need for security for costs arises because courts often order the losing party to pay part of the winning party's legal bill at the end of a case, and if the plaintiff has no assets in Ontario, the defendant may be unable to enforce that costs order.
One way a Plaintiff can avoid having to pay money into court, is to prove to the court that it cannot raise sufficient funds and that his/her case is not bound to fail. Should the court not be convinced and an order is made to pay money into court, a lawsuit can be dismissed if the plaintiff ignores such an order.
Adrian Lomaga recently succeeded in resisting a defence motion to have a foreign plaintiff pay over $75,000.00 into court. As a result, our clients are guaranteed access to justice, something they would have been denied had the motion failed.
For more information on the ability of foreign plaintiffs to bring lawsuits in Ontario, contact Adrian direct at 416-361-7573 or by e-mail at firstname.lastname@example.org.