The Bank of Montreal (“BMO”) assigned a debt to the Law Society of Alberta (“Law Society”) against the Appellant (the “Assignment”). The Law Society successfully brought a Summary Judgment Application to collect the debt pursuant to the Assignment. The Appellant appealed, and the Law Society brought an Application for Security for Costs of the Appeal.

The Court noted that Security for Costs of an Appeal can be awarded under Rule 4.22 or 14.67. The Law Society argued that the Appellant would be unable to pay the Costs of the Appeal if unsuccessful, noting the Appellant had been disbarred for financial misconduct (the “Disbarment”). The Appellant acknowledged he did not presently have the ability to pay the Costs of the Appeal, nor provide Security for Costs. However, the Appellant argued that he had sought leave to Appeal the Disbarment to the Supreme Court of Canada and, if the Appeal was granted, he would be able to raise funds to post security. The Appellant also sought a Stay of the Appeal for three months.

Justice Fraser dismissed the Appellant’s arguments and found that the test for Security for Costs was met, holding that the Appellant was required to post $13,000 with the Registrar by July 16, 2025, failing which the Appeal would be abandoned pursuant to Rule 14.67(2).