What is the test for security for costs in a personal injury action?
British Columbia, Canada
The following excerpt is from Gichuru v. Pallai, 2014 BCSC 2330 (CanLII):
I note as well that in the oft‑quoted passage from para. 27 of Han v. Cho, Madam Justice Dillon gives examples of special circumstances that could justify an order for security for costs: a plaintiff who has a weak claim or has failed to pay costs before or refused to follow a court order for payment of maintenance. The use of the word failed and the word refused suggests that both wilful and unintentional non‑compliance with orders may support requiring security for costs.
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