The onus rests on the party seeking security for costs to establish impecuniosity; evidence that a company owns no real property and has nominal share capital, without more, may be insufficient. Under the reformed civil appeals regime, delay in seeking security retains significance where the respondent allows considerable interlocutory work to be completed before applying. An appeal raising questions about the construction of standard-form building contract termination provisions may engage the public interest consideration against ordering security.
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