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-   -   Who pays for arbitration? (http://www.ottawadivorce.com/forum/f3/who-pays-arbitration-21112/)

KW_Divorced 06-12-2017 11:53 AM

Who pays for arbitration?
 
Ex and I have a separation agreement signed 4 years ago and agreement states that issues will be addressed by mediation and arbitration. All past attempts at mediation have failed and is now proceeding with arbitration. I have posted several topics on this however won't re hash them here.

Her lawyer states she will file a motion to have me pay all upfront costs for this arbitration. 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?

I have followed my agreement to the letter and in case this matters, material change clause was never defined.

Tayken 06-12-2017 02:19 PM

Quote:

Originally Posted by KW_Divorced (Post 221443)
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 (Post 221443)
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.

KW_Divorced 06-13-2017 04:06 AM

Thank you Tayken for the response and no, I have not done anything like that at all, except for having to re-schedule 2 mediation sessions due to my work schedule.

Other than that, I am not in arrears for anything whatsoever and my ex is claiming she needs her arbitration costs covered upfront on a needs basis because she can't afford the process.

To add to that, I have paid every penny of child/S7/spousal amount agreed to by both parties when we signed our SA, with both our lawyers present.

So wtf??

KW_Divorced 06-13-2017 04:49 AM

Hi I have now read security of costs concept online and I'm not sure this is the same thing. From what I understand, security of costs is filed by a defendant to protect them against a vexatious litigant or when they believe the plaintiffs case is very weak.

In my situation, my ex is claiming hardship and she cant afford to pay for arbitration so her lawyer intends to file a motion to have me pay her costs upfront prior to the arbitration hearing actually happening.

What happens then?


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