The applicant brought a motion seeking an order requiring the respondent to pay outstanding costs and to post security for costs pursuant to rr. 24(13), 1(8), and 14(23) of the Family Law Rules.
The court declined to order security for costs, finding insufficient basis to conclude that the proceeding was a nuisance or waste of time, despite concerns about the respondent’s ability to satisfy future costs awards.
However, the court found the respondent failed to justify non‑payment of an existing costs order in favour of the applicant.
The respondent was ordered to pay the outstanding $1,000 costs order by a specified date, failing which his Answer would be struck and the applicant permitted to proceed by uncontested trial.
Costs of the motion were reserved to the trial judge.
