Is there a general principle that security for costs will not be ordered on an appeal?
Saskatchewan, Canada
The following excerpt is from Jardine v Hyggen, 2018 SKCA 38 (CanLII):
Conrad J.A.’s decision in Freyberg v. Fletcher Challenge Oil and Gas Inc., 2003 ABCA 208, 330 A.R. 130 is particularly helpful in that it identifies a number of principles which are relevant to the operation of rules like Rule 53. I agree with Conrad J.A. that the general principle is that security for costs will not, as a general matter, be ordered on an appeal. As Rule 53 states, security for costs is to be ordered only in special circumstances.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for an appeal against a finding that a decision made by the Court of Appeal against a motion of appeal against the decision not to grant an appeal? (Saskatchewan, Canada)
What is the appeal from an order made by the Local Master at Moose Jaw on an application for security for costs? (Saskatchewan, Canada)
Can an appeal against an order requiring costs to be paid forthwith after taxation be paid? (Saskatchewan, Canada)
What is the test for security for costs of an appeal? (Saskatchewan, Canada)
Is a plaintiff entitled to security for costs under Rule 9 of the Rules as to costs in a personal injury action? (Saskatchewan, Canada)
What is the test for an application for leave to appeal against a finding that the respondent should pay the respondent's costs of the appeal? (Saskatchewan, Canada)
What are the costs of appeal costs for the claimant in a case that has been divided between success and success? (Saskatchewan, Canada)
If an appeal from a justice of the peace has been appealed to the wrong court, can the appeal be dismissed? (Saskatchewan, Canada)
What is the effect of a learned local master's order depriving a sheriff of his costs? (Saskatchewan, Canada)
Does the Court of Appeal have any authority or authority to refuse to grant an amendment to the Rules of Civil Procedure or Rules of Appeal? (Saskatchewan, Canada)
