The evidence of plaintiffs» counsel before Cullity J. was that the plaintiffs were advised of their potential personal liability for the costs of the defendants. (practicepro.ca)
The court found that as general proposition, trustees in bankruptcy should not be allowed to pursue litigation with immunity against personal liability for costs in the circumstances where there is no statutory duty to prosecute a litigation and the trustee knows or ought to know that there will likely be insufficient assets in the estate to satisfy an award of costs in the event the litigation fails. (disinherited.com)
Under this test, the proper inquiry is whether the intention, purpose or motive of the non-party in putting the named party forward was to avoid liability for costs. (slaw.ca)