The Amount of Security for Costs Cannot be Based on Mere Speculation

By Sarah D. Pinsonnault In Cabba c. Polyval Coatings Inc.,2014 QCCA 2159, the Appellants are appealing a Superior Court decision thatordered them to provide $377,137 as security for costs in the 13 million-dollarlawsuit in damages they instituted against the Respondents. Due to thecomplexity of the case, a portion of the security for costs claimed by thelatter represented $225,000 in estimated expert fees. The Appellants howeverargue that this amount was premature and that the trial judge was not in aposition to evaluate with any accuracy the amount in expert fees. The Court ofAppeal agreed and reduced, at this stage of the proceedings, the security forcosts to $152,137. On the subject of expert feesclaimed by the Respondents, the TrialJudge concluded as follows: “[47] Quant aux frais d’experts, après qu’il eut déclaré sans ambagesqu’aucun expert n’a été ou ne sera requis dans le dossier, l’avocat dudemandeur, placé devant l’évidence, a dû reconnaître n’avoir… Lire la suite