The respondents brought a motion for security for costs of the trial and the anticipated appeal.
The court applied the two-part test under Rule 61.06(1) of the Rules of Civil Procedure.
The court found good reason to believe the appeal was frivolous and vexatious, noting the trial judge's extensive findings of fact.
The court also found the corporate appellant had insufficient assets in Ontario to pay the costs, given outstanding judgments and lien claims against it.
The motion was granted, and the appellant's appeal was stayed pending the posting of security for costs.
