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Collecting coat award

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  • Collecting coat award

    Well the good news, finally got cost endorsement from a motion last year

    14.6 k including hst

    Now how do I collect?
    I’m paid up on ss and cs.

    Everything is interim

    We also had a disclosure motion today, we asked for bank records, cc records, an accurate financial statement, cra records

    Her lawyer said bank records are not relevant…basically was throwing shit and see what sticks

    So this will hopefully be another cost award…

    But how do I collect?

  • #2
    Order for security for costs

    (13) A judge may, on motion, make an order for security for costs that is just, based on one or more of the following factors:
    1. A party habitually resides outside Ontario.
    2. A party has an order against the other party for costs that remains unpaid, in the same case or another case.
    3. A party is a corporation and there is good reason to believe it does not have enough assets in Ontario to pay costs.
    4. There is good reason to believe that the case is a waste of time or a nuisance and that the party does not have enough assets in Ontario to pay costs.
    5. A statute entitles the party to security for costs. O. Reg. 114/99, r. 24 (13); O. Reg. 42/21, s. 14.
    Amount and form of security

    (14) The judge shall determine the amount of the security, its form and the method of giving it. O. Reg. 114/99, r. 24 (14).
    Effect of order for security

    (15) Until the security has been given, a party against whom there is an order for security for costs may not take any step in the case, except to appeal from the order, unless a judge orders otherwise. O. Reg. 114/99, r. 24 (15).

    Basically their pleadings are struck and you can go after them like baby seals. So having ongoing litigation helps. Have they said they will not pay and why they will not pay?


    • #3
      I hear you

      1. the issue is when there are children involved, pleadings likely won't get struck and securities on child side will never get ordered (per lawyer)

      2. on financial side...that one I do not know

      The 5 figure award came last week. She claims to have no money. Parents are paying legal costs, at a certain point that will affect support. There is case law.

      We were in court again on Friday for disclosure including bank records, including the hidden ones I found. Her lawyer opposed it big time...hmm I wonder what is hiding.

      If she claims she cannot pay, well prove it with the bank records. It is so stupid.
      She owes the CRA 50K on top of this, EP to me that is 6 figure and no assets.
      She did this all to herself and to boot refuses to find a job. There is barely enough in sales of matrimonial home to cover EP, so it cannot come from there.

      There are 3 weeks until I have to pay support again, hopefully we will get our endorsement on disclosure and then another round of costs.

      Of hand the only thing I can think of she gets less support. It would be FRO enforceable.

      The saddest part is that if I was not a doctor, none of this prolonged litigation and harm to my kids would happen because they are a paycheck


      • #4
        Thx for info
        She won’t bring any motions
        And I’m likely getting another
        Basically, I think the play is to bargain this for other things.
        Also the next part would be asking for securities on financial aspect
        Could also ask to vary support amount based on massive ss credit awaiting trial.

        I am hoping we get a judge to take over the case to stop the heel dragging


        • #5
          Is there a layman guide to finding hidden bank accounts? I think my ex has them, almost certain.


          • #6
            1. i traced check images from support

            2. she was told she could only provide her rrsp, she sent a non-functional web page that had a drop down menu that still functioned with the data...and clicking that revealed the hidden accounts

            so at that point it is very difficult to claim ignorance
            especially when her lawyer refused to even acknowledge the hidden accounts after mine stated it
            like he did a pretend its not real, no one will notice...i wonder what shes hiding


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