When will security be granted to an appellant in an appeal?
British Columbia, Canada
The following excerpt is from SME Holdings Ltd. v. Cappeech Coffee Corp., 1999 BCCA 532 (CanLII):
Support for the appellant’s submission may be found in the frequently cited passage from the judgment of Seaton J.A. in Milina v. Bartsch et al (1985), 5 C.P.C. (2d) 124 at 125: 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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