2008570 ALBERTA LTD v CEDAR PEAKS MORTGAGE INVESTMENTS INC

The Respondent on Appeal applied for Security for Costs in connection with two Appeals filed by the Appellant on Appeal. The Application was brought pursuant to Rule 14.67, which permits a single Appeal Judge to order a party to provide Security for Costs.

Strekaf J.A. considered the elements outlined in Rule 4.22 and determined that an Order for Security for Costs was just and reasonable in the circumstances. Strekaf J.A. determined that the Respondent would be unable to pay its Costs if its Appeal failed. Although the Appeal was not frivolous, Justice Strekaf was not satisfied that an Order for Security for Costs would unduly prejudice the Respondent’s ability to prosecute the Appeal.