Monday, February 1, 2016

Security for costs of appeal available where appeal not frivolous, albeit weak and assets to pay available but hard to realize

Henderson v. Wright, 2016 ONCA 89:

[27]       Appellate courts in Ontario have ordered security for costs when an appeal has a low prospect of success coupled with an appellant who has the ability to pay costs but from whom it would be nearly impossible to collect costs: see Perron v. Perron, 2011 ONCA 776, 345 D.L.R. (4th) 513; Baker v. Rego, 2013 ONSC 3309, 31 R.F.L. (7th) 323 (Div. Ct.); and Children's Aid Society of York Region v. G.S., 2010 ONSC 3804, 98 R.F.L. (6th) 179.

[28]       This "good reason" balances the need to ensure an appellant is not denied access to the courts, with the respondent's right to be protected from the risk the appellant will not satisfy the costs of the appeal: see Perron, at paras. 22-23.

[29]       In my view, this "good reason" applies in this case.

Of the Law Societies of Upper Canada and Nunavut 

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