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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-26-2014, 07:23 PM
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Default Security for future Costs - Cudos to Justice Macleod-Beliveau of the OSCJ

A forum member brought this recent case to my attention:

Myers v. Myers, 2014 ONSC 1804 (CanLII), <CanLII - 2014 ONSC 1804 (CanLII)

A resounding decision was recently rendered this month that might make people who do not obey court orders take notice.

I am impressed with the judge's ruling to require a substantial security deposit for costs be posted, along with requirement for arrears to be paid in full, prior to the court entertaining any future motions.

It is heartening to see a judge actually do something constructive about those who do not obey court orders.
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Old 03-26-2014, 11:21 PM
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“The husband cannot expect to come before this court and be given a voice in circumstances where he has thumbed his nose at the legal system by deliberately breaching an order. To ensure that the court process is not further misused, I find that the mother is entitled to security for costs at any future proceeding. I also find that the father is not entitled to bring any matters before the court if he is in breach of any outstanding order."

And that's how it should be in all cases where there is deliberate breach of court orders. A litigant who does not respect what was previously agreed to or ordered - should in fact lose the right to appeal or bring forth new motions. It's insane! My ex has taken me to court 4 times over nonsense issues all the while he was in contempt ??? There should be consequences to wasting everyone's time and money.
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Old 03-27-2014, 08:18 AM
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I think this case will be very important for those of us who face vexatious litigation continually from our ex's.

I may "win" at the numerous motions my ex has brought forward but he continues to drag me back to court.

The insanity has to stop and this decision is a step in the right direction.
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Old 03-27-2014, 10:05 AM
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Wow great ruling! Maybe they should incorporate this rule into family law itself.

Great for everyone involved in litigation. Why should rule breakers be given carte blanche for wasting everyone's time and money.

Court orders must be obeyed ....lets make that a rule! Wishful thinking on my part.....I know.
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Old 03-27-2014, 12:07 PM
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Quote:
Originally Posted by drainedbysystem View Post
Wow great ruling! Maybe they should incorporate this rule into family law itself.

Great for everyone involved in litigation. Why should rule breakers be given carte blanche for wasting everyone's time and money.

Court orders must be obeyed ....lets make that a rule! Wishful thinking on my part.....I know.
Well, it's about time. In how many other places are you going to receive an unlimited line of credit to reek havoc on your ex? And, in how many places are you forced to give your ex an unlimited line of credit to allow them to reek havoc on you? Nowhere.

Arabian - I know this is personal information, but, can you give us an idea of how much in costs you have incurred to date in continually having to defend your divorce judgment/spousal support in court? And, how much, approximately, have you received back in costs awards? Actual award and payment? Or give it to us in percentages, ie. 90% of costs awarded back, 10% of that award paid.

And, isn't he about to do this all over again?
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Old 03-27-2014, 04:42 PM
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It is more than some people make in a year.

That's a good way to put it MSMom - "unlimited line of credit."

Yes he is indeed taking me back to court again.
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Old 03-27-2014, 05:05 PM
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My ex took me to court six times and none did she get what she wanted. Finally at trial I was more successful yet she got primary residence of my kid, but I got joint custody. At the time I was staying with my sister and paying for all expenses in the house (where my ex lives). Now I have a basement apartment five minutes from my house. My ex has been very careless and has actually written down that she wants me to spend less time with my kid and has made access "troublesome" despite the final order.
She has the option of buying me out of the house, and has offered me nothing. The order says to sell the house if we don't agree on price. She refuses, doesn't let me access the property, and has not paid mortgage, condo fees, etc. There are liens on the house now. I can't pay for the house any more because I give her her CS/SS. This money is more than enough to cover all that. I can't afford anything more.
I have to take her to court again. It will be our seventh time, and the first I initiate.
She is going on vacation without paying the mortgage!
I could get occupation rent, but do you think this decision would affect my "need" to go to court once more?
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Old 03-27-2014, 05:54 PM
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Quote:
Originally Posted by arabian View Post
It is more than some people make in a year.

That's a good way to put it MSMom - "unlimited line of credit."

Yes he is indeed taking me back to court again.
Just curiosity - have you been awarded 100% of your costs? What percentage of those costs has he actually paid?

I'm just wondering how the average person could continue to battle allegation after allegation when the costs for defense are due up front (ie retainer) but the reimbursement from the other party is months, or years away? And then it's just a "cross your fingers and hope" reimbursement.

I remember coming across something on Canlii once, can't remember the case, but costs were ordered to be paid double the actual for this type of litigation. Anyone else come across this, or did I dream it?
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Old 03-28-2014, 10:43 AM
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That should be the punishment and the norm for dragging ppl into court and disrupting everyone's lives.

People with a sense of entitlement and big wallets.

Yet our court system has a bunch of rules. The party that breaks them is encouraged with extension after extension. Where's the enforcement of the rules?
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Old 03-28-2014, 07:02 PM
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Quote:
Originally Posted by drainedbysystem View Post
That should be the punishment and the norm for dragging ppl into court and disrupting everyone's lives.

People with a sense of entitlement and big wallets.

Yet our court system has a bunch of rules. The party that breaks them is encouraged with extension after extension. Where's the enforcement of the rules?
Lawyers just LOVE these clients - my STBX claims he is unable to pay for XYZ yet he has retained one of the most expensive lawyers in town - takes me to court, loses and then tries again. Did I mention that we went to trial over DV charges and that he was found guilty and convicted ... he still feels entitled to waste my time.

Why is this behavior allowed to continue? Simple - billable hours for the lawyers, clerks and judges ---- it's an industry and we are the product.
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