In what circumstances will the Court grant security for costs?

British Columbia, Canada


The following excerpt is from MacDonald v. Tamitik Status of Women Association, 1999 BCCA 92 (CanLII):

In Milina v. Bartsch (1985), 5 C.P.C. (2d) 124 at 125-126, Seaton J.A. said, in regard to an application for security for costs: 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. Similarly, if it were shown that the appellant had so many assets that security was quite unneces­sary, I might think it inappropriate to order security.

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