The moving parties sought security for costs of an appeal arising from mortgage disputes.
The responding parties (appellants) had defaulted on mortgages, and proceeds from power of sale were paid into court.
The motion judge ordered payment of these funds to the moving parties, which the responding parties appealed.
The Court of Appeal granted security for costs under Rule 61.06(1)(a) and (c), finding the appeal frivolous and vexatious with a low prospect of success, and that the appellants had insufficient assets or would be difficult to collect from.
