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Old 06-12-2017, 03:19 PM
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Tayken Tayken is offline
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Quote:
Originally Posted by KW_Divorced View Post
Her lawyer states she will file a motion to have me pay all upfront costs for this arbitration.
"Security for costs" it is called.

They are very infrequent and the threshold for them is very high. The likelihood of success is often low and the evidence needed to support the request (on improper conduct) is high.

Generally, arbitration is split 50-50 and the determination of costs is left to the arbitrator.

https://shulman.ca/navigating-the-le...hat-not-to-do/

Quote:
Originally Posted by KW_Divorced View Post
Is this correct? Can she succeed? She is citing material change in circumstances which both my lawyer and I believe there is none so given they are the ones filing, how can I possibly be forced to fund her battle?
Unless you are a complete tool and have done some outragious stuff... The success rate is very low. It is uncommon order.
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