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getting securities for costs

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  • getting securities for costs

    has anyone had to do this? and how hard is it?
    i know it cannot happen on a child side

    basically, ex owes CRA 50+K because she has not paid taxes since 2019 because she didnt think she had to
    claims to owe 10K in consumer debt
    refuses to work
    claims to ower her parents 30k
    she has 0 dollars to her name
    owes me 15K in a cost award
    owes me an EP, owes me support credits, etc.
    again refuses to work

    she basically just cancelled mediation. She has also taken the attitude that 0 communication is okay. ie. i will ask when she wants sports equipment dropped off..she will ignore and the third party has to ask her for me
    she has already been told by a judge that if she keeps up her behavior she will lose access, she was told by that same judge her conduct on the finance side is unreasonable and will likely be found to be bad faith negotiating (ie. the last motion I had to draft 3 times because she kept reneging on an agreement forcing the motion)

    she refuses to negotiate at all

    so thats the really is not fun, has been 4 years of nonsense...
    what are the chances a judge would order securities?
    any suggestions?

  • #2
    If there's no agreement, which you can't force, you'll need trial for your issues. I don't think this is a securities play.


    • #3
      yeah, i hope not a trial..but literally she thinks its okay to totally ignore any and all communications, especially related to the kids
      Imagine having a psychologist ask her how sports equipment will be delivered on a weekend..only because she refuses to communicate with me. It's a very bad play on her part.

      it would be a situation at a settlement conference to show how reasonable I am being with offers and showing that she is likely headed for bankruptcy and that all the litigation is her conduct, shes been found already to have bad faith negotiating.
      You ask the question, if you cannot even pay to live who is paying for the lawyer?


      • #4
        How they live or afford things is no concern. Stick to the facts and keep pushing trial. You should be well passed sc at this point. Extra curriculars may get messed up, but keep doing what you can while pushing for final order.


        • #5
          thx..i have been pushing
          last april we asked for disclosure, she ignored it
          threatened a motion, she said she would send me some stuff
          accidently sent me proof she had hidden bank
          then had to threaten a motion, then she agreed to give me what asked
          then she stalled
          then we were getting mediation going and asked for a settlement conference as a back up

          she refused to sign mediation

          the request to order a settlement conference had to go before a judge bc her lawyer refused, then in his materials he lied to the judge saying mediation was underway, when she refused to sign it
          so then case paralyzed

          that lawyer retired...and now she does not have one...and does not seem to be in a hurry to find one
          so as much as id like to settle...

          we are going to do a motion for non compliance with a cost award, non compliance with disclosure, non compliance with CSG (forcing her to file her taxes), and to book SC
          she has no legs to stand on


          • #6
            I would save your money from all the motions and mediation, and just go with a trial. Book a sc/tmc, 14b for it if needed, then get on the trial list. It may be cheaper with faster resolution.


            • #7
              i cannot go to trial without her disclosure, and she has to provide it anyways
              the motion for non compliance will also have to the SC/TM asked for..there is also money in trust from sale of house where her cost award will come from
              A motion for her to file her taxes is quite comical..the side benefit is that she has not paid taxes in years and when she owes CRA over 50K they will put pressure on her

              since we have to do one motion anyways for the SC/TM, we will get it all at once

              but one angle is that with the non-disclosure we can ask for a daily fine, (shes violated every court order to date)

              i seriously do wonder how hard it will be to find a good lawyer, a 4 year old case, 26 court appearances, contempt against her, she has no money, this would be lawyer 4
              "good" being the key word


              • #8
                A 2nd opinion may do you well from another lawyer to review your strategy. From here it looks like wasted time and money.

                Most settlements are done last minute so there's more incentive to being on the trial list than just trial. Go with what's provided, don't wait.


                • #9
                  thx, im hoping that when i bring this and the child related motion (thats another thing) she will smarten up and get some lawyer and back to mediation

                  Any attempt to communicate with her directly will be ignored, so we have to litigate

                  To get on a trial list, I cannot do a 14b for sc/tm because we already did that and her 3rd lawyer lied and it was shut down
                  So the plan is to get this to a SC/TM we have to do a formal motion and explain how she lied to the courts

                  ie, she has to provide disclosure that she was already ordered to provide and is not listening, she has to pay costs,

                  Where I am intrigued is she fought tooth and nail to not provide her bank accounts and had hidden accounts, she refuses to give me her tax looks sus

                  i appreciate your time and sentiment..i have been trying to resovle this thing for 4 years


                  • #10
                    It seems like you're paying a lot of support. Ex may never provide disclosure. Trial will force ex to explain the disclosure issues and prove entitlement. This is where all issues get resolved so you can move on.

                    Instead, you're doing multiple conferences and motions looking for disclosure, cost enforcement, extra curricular issues... still requesting mediation, fighting everything one by one; when trial would be quicker and cheaper.


                    • #11
                      hi, i agree its been drawn out
                      i tried to keep bringing it to trial but i would be blocked by her lawyer and lying to judges successfully
                      I would have asked for disclosure at a conference but it was not allowed to happen
                      her lawyer also argued that he cannot do a SC until he questions me but he can only question me if mediation fails and they are mediating right now (which he lied about)
                      its been painful

                      for disclosure, if she does not provide she can get daily fines, then im good. The disclosure is basically bank account statements among other things. Jeez..i wonder what she is hiding

                      but i digress..we have to now bring a motion to get this to a trial because she is self-repping and won't agree to anything
                      i feel like if i self-repped it would have been quicker because i dont have to wait for lawyers


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