Bradley Emil Berg

The moving party sought security for costs of an appeal from a summary judgment dismissing the action against him.

The court held that, although the criteria under rule 56.01(1)(d) were met, the determinative question was whether it was just to order security.

Given the appellants' insufficient assets in Ontario and the risk that appeal costs would be unrecoverable from non-resident parties, the court found it just to order further security.

The request to set security on a solicitor-client scale was refused because the appeal was not frivolous and raised a serious issue.

Security for costs of the appeal was fixed at $20,000, with costs of the motion to the moving party.