What is the test for obtaining security for costs in an appeal?
British Columbia, Canada
The following excerpt is from J.J. v. Board of School Trustees of School District No. 43 (Coquitlam), 2009 BCCA 607 (CanLII):
The factors the court must consider in determining whether an order for security for costs would be in the interests of justice are: the appellant’s financial means; the merits of the appeal; the timeliness of the application, and whether the costs will be readily recoverable (Lu v. Mao, 2006 BCCA 560, 153 A.C.W.S. (3d) 1063 at para. 6).
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