Case Bites for June 17, 2024

Edited by Amanda Kostek and Kristen Hansen

Last week’s Court Rulings from the Alberta Court of King’s Bench, Court of Appeal and SCC.

Aubin v Condominium Plan No 862 2917, 2024 ABCA 201
Test for Security for Costs

In a security for costs application the Court of Appeal confirmed that the test is discretionary, and the applicant bears the burden of proving, on balance, that “it is just and equitable to order security for costs or that the respondent will be unable to pay costs that may be awarded.” In this case, the fact that the respondent may have to take on debt to satisfy a costs award did not meet the test. In terms of the merits of the appeal, the threshold was low.