Indigo Group, simplified joint stock company v. Indigo Charge Inc., 2024 CanLII 61079
Associate Justice Duchesne - 2024-06-11
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Indigo have served and filed a motion for an order requiring the defendant and plaintiff Indigo Charge Inc. to post security for costs in the amount of $30,000 pursuant to Rules 369 , 415 and 416 of the Federal Courts Rules for their anticipated costs in defending Charge’s counterclaim. ... the Court issued a Direction by which Indigo was granted leave to correct the irregularity by serving and filing, with proof of service, a supplemental motion record ... The amended motion record was served and filed without leave of the Court, without compliance with the requirements of Rule 79, and without permission. Further, the amended motion record does not correct the irregularity apparent on the face of the record. The Court has no admissible evidence before it to make the order sought. Indigo's application is therefore dismissed. (Based on translation)