The mother appealed an Ontario order enforcing a Georgia custody order that granted sole custody to the father.
Pending the appeal, the mother moved for third-party production of documents, and the father cross-moved for security for costs.
The Court of Appeal dismissed the mother's motion, finding the documents could have been requested earlier and would not meet the test for fresh evidence as they did not address the Georgia court's ability to protect the children.
The Court granted the father's motion for security for costs, finding the mother's appeal to be meritless and a waste of time, and ordered her to post $10,000.
