X 5_LAW2044 v1-0 Barnes v. Ba... COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Barnes Estate v. Barnes, 2014 BCCA 37 Date: 20140130 Docket: CA41327 Between: Jaymie Michelle Barnes, as Administrator of the Estate of Maymie Irene Barnes, and Diana Irene Barnes, as Administrator 2014 BCCA 37 (CanLII) of the Estate of Maymie Irene Barnes Respondents Petitioners) And Eric David Barnes Appellant (Respondent) Before: The Honourable Madam Justice Bennett (In Chambers) On appeal from: An order of the Supreme Court of British Columbia, dated October 8, 2013 (Barnes Estate v. Barnes, 2013 BCSC 1848, Victoria Docket 10-4510). The Appellant: Self-represented Counsel for the Respondent: J.M. Hutchison, Q.C. Place and Date of Hearing: Vancouver, British Columbia December 12, 2013 Place and Date of Judgment: Vancouver, British Columbia January 30, 2014 Barnes Estate v. Barnes Page 2 Summary: The appellant applied for indigent status in the appeal. The respondent applied for security for costs and an order that the appeal be stayed until security was deposited. Held: Application for indigent status granted and respondents' applications dismissed. The appeal has some merit and the appellant meets the financial threshold for indigency. An appellant who has been declared indigent cannot be ordered to post security for costs. 2014 BCCA 37 (CanLII) Reasons for Judgment of the Honourable Madam Justice Bennett: Nature of the Application