What is the test for security for costs in an appeal?
British Columbia, Canada
The following excerpt is from Chan v. 0975713 B.C. Ltd., 2018 BCCA 418 (CanLII):
The ultimate question is whether the order is in the interests of justice: Lu v. Mao, 2006 BCCA 560 at para. 6. There is a presumption in favour of granting security for costs where there is a serious question whether recovery may be difficult: Braich (Re), 2008 BCCA 354 at para. 6. The onus is on the appellant to establish why security for the costs of the appeal should not be ordered. I note that the appellant, although duly served, has filed no materials and has not appeared to meet that onus.
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