Legal Blog

Security for Costs

Groia & Company Professional Corporation v. Cardillo 2019 ONCA

Rule 61.06 allows the Court of Appeal to order security for costs of an appeal if it appears that the appeal is frivolous and vexatious and that the appellant has insufficient assets in Ontario to pay the appeal costs. In olden days, respondents often brought security for costs motions because the wait time for an appeal was so long. Now, the appeal times are much quicker and fewer motions are brought. In this case, the appellant has rendered himself effectively judgment proof and, after analysis, the appeal seemed to be doomed to fail. The court ordered the appellant to post costs of $80,000, $60,000 for the costs awarded on the judgment being appealed and $20,000 for the costs of the appeal.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.