In what circumstances will security be granted in an appeal?
British Columbia, Canada
The following excerpt is from Ramcharitar v. Gill, 2007 BCCA 558 (CanLII):
In Milina v. Bartsch (1985), 5 C.P.C. (2d) 124 at 125-6, Mr. Justice Seaton, in chambers, said: The most likely reason to grant security, or not grant security would be the financial position of the appellant. If he could say that security would prevent him from conducting an appeal I would be very slow to order security in the absence of the finding that the appeal was frivolous, or something of that nature.
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