4.22: Considerations for security for costs order

Case Summary

Mr. Tuchscherer applied for an Order requiring Mr. Smith to pay Security for Costs of the impending Appeal pursuant to Rule 4.22.

Mr. Smith acknowledged that he had no assets in Alberta as his assets were in the United States, which weighed heavily in favour of requiring Security for Costs. The Court found it concerning that Mr. Smith had failed to pay two previous Costs Awards, again weighing in favour of requiring security. Further in favour of requiring security was that the underlying Appeal was not, on its face, strong. The only error articulated on the Notice of Appeal was related to a finding of fact, which was a finding that was owed deference on Appeal. Finally, in ordering Security for Costs of $7,500.00, the Court found there was no undue prejudice to Mr. Smith as there was no evidence that posting Security for Costs would prevent him from pursuing the Appeal.

View CanLII Details