Zoran Bozic

The self-represented appellant appealed a trial judgment granting the respondent primary care, sole decision-making authority, and child support, as well as a costs order.

The appellant argued the Ontario Court of Justice lacked jurisdiction under the Children's Law Reform Act because the respondent and children resided in Alberta when the application commenced.

The Superior Court dismissed the appeal, finding that the children and parties now permanently reside in Ontario, the children would suffer serious harm if removed, and the appellant had attorned to Ontario's jurisdiction by actively litigating the merits.

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.