What is the test to apply on an application for security for costs in the context of an appeal?
British Columbia, Canada
The following excerpt is from Wang v. British Columbia Medical Association, 2011 BCSC 1659 (CanLII):
The test to be applied on an application for security for costs in the context of an appeal differs from that applied at the trial level. On such an application, the appellant bears the burden of establishing that the interests of justice require that security not be posted. The primary relevant factor for consideration is the financial means of the appellant. Other relevant factors include the merits of the appeal and the ease with which a respondent will be able to collect costs in the event of success: Recchia v. MacIntosh, 2002 CarswellBC 1825. DISCUSSION
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