What is the test for security for costs on appeal?
Nova Scotia, Canada
The following excerpt is from Silver v. Co-Operators General Insurance Co., 2002 NSCA 6 (CanLII):
The principle enunciated in Cowell v. Taylor, favouring the granting of security for costs on appeal where the appellant is without resources to respond to an order for costs if unsuccessful on the appeal, presumes, however, that there has been a trial on the merits. Such is not the case here.
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