H.J. Doan

The respondent sought costs for a previous motion where the appellant was ordered to pay $15,000 into court as security for costs.

The Court of Appeal declined to award costs for the motion, despite the respondent's reference to a previous offer to settle.

No order as to costs was made.

The respondent brought a motion for security for costs pending the disposition of the appellant's appeal from an order dismissing her action for delay.

The Court of Appeal found good reason to believe the appeal was frivolous and vexatious given the extensive history of delay and failure to comply with court orders.

Despite the appellant's claim of impecuniosity, the Court ordered her to post $15,000 as security for costs to balance the respondent's right to protection against the appellant's access to justice.