The Court exercised its discretion under UCPR r 42.21(3) to dismiss proceedings where the plaintiff failed to pay the first tranche of ordered security for costs over a six-week period, with no evidence of capacity or intention to pay. The dismissal was stayed for 28 days to afford the plaintiff an opportunity to prosecute a foreshadowed (but not yet filed) appeal against the security for costs order. The Court declined indemnity costs, holding that the plaintiff's failure to accept a settlement offer requiring capitulation and payment of $75,000 in costs without evidence of costs actually incurred was not unreasonable.
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