D. J. Gordon J.

In a divorce action, the maternal grandparents brought a motion to be added as parties to advance a claim for access, which was dismissed.

The court determined the costs of the dismissed motion.

Finding that the motion had no chance of success and the procedure pursued was inappropriate at a late stage, the court awarded the responding party full indemnity costs fixed at $7,000.

The moving party sought an order staying the respondent's action until a costs award in favour of a former co-defendant was paid in full.

The respondent claimed impecuniosity but provided no financial disclosure to support the claim.

The court found that court orders must be enforced and that the respondent had made no voluntary effort to pay the costs award.

The court granted the motion, staying the action until the costs are paid and setting a deadline for payment, failing which the moving party may move to dismiss the claim.