2 total
The court ordered non-resident refugee plaintiffs to post $45,000 in security for costs despite the defendants' delay in bringing the motion.
The decision addresses a motion by Osama Ebid and Fast to Canada for an order requiring the plaintiffs, a group of Syrian and Iraqi refugees, to post $45,000 as security for costs in a civil action regarding failed permanent residency applications.
The court reviews the legal principles for security for costs, the timing of the motion, the residence and assets of the plaintiffs, the merits of the litigation, and the interests of justice.
Despite the late timing of the motion, the court grants the order, finding the plaintiffs have no connection to Ontario and the amount sought is reasonable.
The court ordered retroactive child support to 2014 due to the father's failure to disclose income, including rental payments from adult children.
Two motions to change a child support order dated January 29, 2014 were before the court.
The father sought to reduce support from two children to one child and sought repayment of alleged overpayments.
The mother sought a retroactive increase in support based on the father's increased income since 2014.
The court found that the father's income included both employment income and rental income from adult children living in his home.
The court determined that a retroactive adjustment to January 1, 2014 was appropriate based on the father's blameworthy conduct in failing to disclose his income as required by the original order.
The court attributed 50% of the gross rental income to the father and allowed a 20% deduction for expenses.
The father was found to owe arrears of $1,708 as of November 30, 2019, and was ordered to pay $366 per month going forward for one child.
