Law360 Canada ( August 25, 2025, 3:49 PM EDT) -- Appeal by Latium Fleet Management (Latium) from chambers judge’s order for pre-judgment security for interest. Application by Davlyn Corporation Ltd. (Davlyn) to adduce new evidence. Davlyn sued Latium for, among other things, rental arrears on lease agreements, interest and costs. Latium filed a counterclaim for damages. Davlyn applied for summary judgment for its unpaid invoices and rental arrears, interest of 24 per cent per annum, solicitor-client costs and dismissal of the Latium counterclaim. An applications judge granted summary judgment against Latium including pre- and post-judgment interest. She dismissed the application to summarily dismiss the counterclaim. Latium applied for a stay of the summary judgment pending appeal and determination of its counterclaim. Davlyn cross-applied for security for the costs of the appeal and pre-judgment security for the interest it had claimed at 24 per cent per annum. The subject of the appeal was the chambers judge’s order for pre-judgment security. Davlyn sought to adduce evidence comprising of a sworn and filed affidavit of Latium’s director and the transcript of a previous decision. Latium said the chambers judge erred in applying the test for security for costs to the application for security for judgment. It argued that the Rules of Court did not have provisions authorizing the court to require a party to provide security for an unproven claim pre-judgment....