What is the test for requiring an appellant to pay some costs and to post security for other costs?
British Columbia, Canada
The following excerpt is from Kuntz v. McGraw, 1998 CanLII 4484 (BC CA):
On this application for an order requiring the appellant to pay some costs and to post security for other costs, counsel agree that because the appellant is impecunious, the applicants bear the onus of establishing that the appeal is hopeless. When an appellant is impecunious, it is well settled that the court should be "very slow to order security in the absence of a finding that the appeal is frivolous, or something of that nature:" Milina v. Bartsch (1985), 5 C.P.C. (2d) 124, affirmed (1987), 49 B.C.L.R. (2d) 99 (C.A.).
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