Security for Costs

Taking an unreasonable position and approach within Family Law Proceedings? Think twice before doing so.

Often at times family court litigants take an unreasonable position and approach with respect to their conduct, filings, and submissions throughout the course of the proceedings.  While many may think that there are no consequences for this type of behavior

The most effective way to attempt to put a stop to this type of conduct is for a litigant to commence a motion requesting an order for security for costs which if successful is an efficient way in which to deal with an opposing party who has acted as a “nuisance” within the proceedings. 

A recent decision of the Ontario Court of Justice, Dokis v. Leonard 2020 ONCJ 84 makes specific reference to the criteria considered by the Court in order to determine if an a order for security for costs is appropriate.  What can be taken from this decision is that a participant within a family court proceeding should think twice about their conduct or proceeding on issues that have a very low likelihood of success.  In doing so you may be forced with not only paying for your own legal fees but also putting up the funds for the fees for the other party.