492. If a plaintiff is not resident in Québec or, being a legal person, is not domiciled in Québec, the defendant may, at any stage of the proceeding, require that the plaintiff be ordered, under pain of dismissal of the application, to provide a suretyship, within a specified time, as security for the legal costs the court could award against the plaintiff.
A person acting for another person under the rules of representation before the courts may also be required to provide a suretyship if the representative or one of the representative’s mandators is not resident in Québec or, being a legal person, is not domiciled in Québec.
In determining the amount of the suretyship, the court considers the nature, complexity and importance of the case, including the costs involved, as well as the plaintiff’s financial situation and the value of the plaintiff’s property in Québec; if the plaintiff is acting on behalf of a mandator who is not resident in Québec, the court considers the mandator’s financial situation. On a party’s request, the court may increase or reduce the amount of suretyship if warranted by developments in the case or by the plaintiff’s circumstances.