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February 19, 2014

Security for Costs Orders Against Environmental Groups Bolstered by Pointes Decision

Courts are increasingly willing to order security for costs against environmental groups that challenge land developments through judicial review.  In Pointes Protection Association v Sault Ste. Marie Region Conservation Authority (Pointes), the Court ordered an environmental group to post $20,000 in security for costs.  This emerging trend to impose additional financial risk on environmental groups raises important strategic issues for these groups when contemplating litigation.  It also effectively bars them from pursuing judicial review.

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