Robert Hammond

The appellant failed to comply with a security for costs order.

The respondent requested that the appeal be dismissed for non-compliance, and the appellant did not oppose.

The Court of Appeal dismissed the appeal on consent.

The respondent on appeal brought a motion for security for costs under Rule 61.06 of the Rules of Civil Procedure.

The underlying dispute involved a claim by the appellant that he had an ownership interest in a property purchased by his former mother-in-law.

The trial judge rejected the appellant's claim, finding his evidence not credible.

The Court of Appeal granted the motion for security for costs, finding good reason to believe the appeal was frivolous and vexatious and that the appellant had insufficient assets in Ontario to pay the costs of the appeal.

The appellant was ordered to post $15,000 as security.

The applicant brought a motion for interim child and spousal support, an advance on equalization, and disclosure.

The court imputed additional income to the respondent under sections 18 and 19 of the Child Support Guidelines, finding that his employer paid personal expenses and that he had access to dividend income from a holding company despite an alleged estate freeze.

The court set the respondent's income at $180,000 and ordered interim child support, spousal support, and a $30,000 advance on equalization to allow the applicant to fund the litigation.