Michelle Cheung

The respondent mother brought a motion for security for costs against the applicant father.

The court denied the motion for security for costs, finding that the mother had not met the onus to demonstrate that the father's claims were a waste of time or a nuisance, and that such orders are a blunt instrument to be used sparingly.

However, the court, troubled by the father's admitted non-compliance with previous temporary child support and costs orders, conditionally struck the father's child support claims pursuant to Family Law Rule 1(8).

The striking order would be stayed if the father brought himself into full compliance with all outstanding financial obligations by the next court date.

This is a costs decision following a successful application for a final restraining order by the Applicant, Sheronette McKenzie, against the Respondent, Cedrick Barrant.

The Applicant sought costs, while the Respondent opposed and sought his own costs, arguing the Applicant had not formally claimed costs in her initial application and that his offer to settle narrowed the issues.

The court found the Applicant was the successful party and that the Respondent's conduct, including making false sworn statements and attempting to retract them, constituted bad faith.

The court awarded the Applicant $2,062.25 in costs, emphasizing the broad discretion of the court in awarding costs and their role in encouraging responsible litigation conduct, even if not explicitly claimed in initial pleadings.