The Applicants, maternal grandparents, brought a motion for security for costs of $30,000 against the added party, Deesho Kaur Bains, the paternal grandmother.
Deesho was seeking to set aside a final consent order that required the child, Sareen, to be returned to Ontario from India, and to assert that India was the proper jurisdiction.
The child had been residing in India with Deesho for nearly four years after her father took her there without notice.
The court dismissed the motion for security for costs, emphasizing that in family litigation, the best interests of the child are paramount, and security for costs should only be granted in exceptional circumstances.
The court found Deesho's participation necessary and relevant to the child's best interests.