Under what condition might a plaintiff need to furnish security for costs?

A plaintiff is typically required to furnish security for costs under the condition of being ordinarily resident outside of New Brunswick. This requirement is primarily aimed at protecting the defendants from bearing the potential costs associated with legal proceedings if the plaintiff were to lose and is unable to pay those costs.

The rationale behind this is that a court seeks to ensure that defendants have a means of recovering their legal expenses if the plaintiff, who does not reside in the jurisdiction, does not have the financial resources to cover those costs. This serves as a safeguard for the court system and the defendant, promoting fairness and discouraging unfounded claims from individuals who may not be liable for costs upon losing their case.

In contrast, having a valid statement of claim, being served with a statement of defense, or requesting a discontinuance of the claim do not directly trigger the requirement for security for costs. These scenarios do not imply that the plaintiff poses a financial risk to the defendant; rather, they are procedural steps that are part of the litigation process, regardless of the plaintiff's residency.