The Respondent, Andrew Lambden, brought a motion for an interim order requiring the Applicant, Yessica Pamela Cevallos, to pay $30,000 as security for costs of the litigation.
The court found that the Applicant habitually resides outside Ontario and has no assets in Ontario, satisfying the preliminary onus under Rule 24(13)(a) of the Family Law Rules.
The court expressed serious reservations about the merits of the Applicant's spousal support claim, specifically regarding whether the parties continuously cohabited in a conjugal relationship for the statutory three-year period, citing significant interruptions in their cohabitation and the nature of their financial arrangements.
The court also noted the Applicant's inconsistent financial disclosure and inappropriate threatening statements made to the Respondent.
Despite the Applicant's submission that the order would prevent her from continuing the proceeding, the court found she had the ability to raise funds.
The motion for security for costs was granted in the amount of $20,000.