STACEY v FOY, 2014 ABCA 420


4.22: Considerations for security for costs order
4.23: Contents of security for costs order
14.67: Security for costs

Case Summary

The Applicant applied for Security for Costs in an Appeal brought by the Respondents. The Court stated that an Order for Security for Costs is discretionary under Rules 4.22, 4.23 and 14.67. The Court considered each of the five factors set out in Rule 4.22, and stated that although the Respondents have assets in Alberta, they may not be enough to pay for the total Costs award from the Courts below. Furthermore, the Court of Appeal drew an adverse inference from the Respondent’s failure to adduce meaningful evidence of his financial status, and his failure to pay the Costs award from proceedings prior to Trial. Thus, even assuming that the Appeal had arguable merits, the Court concluded that the Respondent had not made out that his ability to pursue his Claim would be barred from an Order for Security for Costs. The Court held that it was just and reasonable for Security for Costs to be ordered, failing which, the Appeal would be struck.

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