The applicant mother moved to strike the respondent father's motion to change a final consent order, citing significant breaches of prior orders (especially costs) and arguing the motion was frivolous, vexatious, and an abuse of process.
She also sought to have the father declared a vexatious litigant and required security for costs.
The court found the father was in breach of prior costs orders and had delayed compliance.
While not declaring the father a vexatious litigant or the proceeding an abuse of process at this stage, the court ordered the father to pay outstanding interest on trial costs and post $70,000 as security for the mother's costs.
The father's motion to change was stayed pending compliance with these conditions, and further motions were restricted without leave.
