Appeal Security for Costs A respondent to an appeal should consider whether or not to bring a motion requiring the appellant to post security of costs, essentially a payment made by the appellant into court underwriting the costs award against the appellant which might follow if the appeal is ultimately unsuccessful.
An order for security for costs is appropriate when it is unfair to expose the respondent to the risk that the appellant will not satisfy the costs of the appeal if the appeal is unsuccessful.
Security of costs on appeal is governed by Rule 61.06(1)(a) and (c) of the Rules of Civil Procedure.
For such an order to be granted under 61.06(1)(a), the motion judge must
- have good reason to believe the appeal has no merit and is therefore frivolous and vexatious, and
- have good reason to believe the appellant has insufficient assets in Ontario to cover the costs of the appeal.