What is the test for obtaining a security order on an appeal?
British Columbia, Canada
The following excerpt is from Habitat for Humanity Canada v. Hearts and Hands for Homes Society, 2015 BCCA 443 (CanLII):
In determining whether to order security, the ultimate question is whether the order is in the interests of justice. The relevant considerations are: (1) the appellant’s financial means; (2) the merits of the appeal; (3) the timeliness of the application; and, (4) whether costs will be readily recoverable. Of the four criteria, the financial means of the appellant to pay costs is generally the most important: Lu v. Mao, 2006 BCCA 560 (in chambers) at paras. 6-7.
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