Quote:
Originally Posted by troutman
Yup. In fact, Nenshi's counsel should be seeking a high amount of security for costs against the Plaintiff for filing a claim with little chance of success. Maybe half a million.
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Security for costs is also, and largely, based upon the Plaintiff's ability to pay if unsuccessful.
Wenzel has assets in the jurisdiction and there is virtually no chance security for costs will be granted. i would go so far as to say it has even less chance than the defamation case being successful.
As to the point above, the court will not order an apology, however will consider whether an apology was made in assessing damages. The damages would be reduced substantially. This is why the overwhelming majority of defamation cases are dropped after the apology is made.