Fraser v. Janes Family Foods Ltd.

The Plaintiffs appealed the decision of a Prothonotary that security for costs be posted. The Court found that the Order directing the Plaintiffs to post security for costs is not vital to the final issue of the case. The Plaintiffs had argued that the effect of the Order is vital because it would require the Plaintiffs to discontinue the action. The Court noted that it is the question that is before the Prothonotary that determines whether the issue is vital and not the outcome. The Court then reviewed the difference between an evidentiary burden and a legal burden. The Court dismissed the appeal