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Cost award payment NSF - can motion request still be stricken

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  • #16
    Originally posted by kidsRworthit View Post
    At recent motion, judge was asked to strike motion of opposing party, since cost award remained outstanding for 8 months. Response was: if opposing party makes outstanding cost award payment now, the motion could be heard.
    Opposing party made cost award payment (cheque passed to me); then judge heard motion and made ruling.
    This cheque was just declared NSF by my financial institution.

    Question: what is my recourse to: a. appeal the ruling, since the cost award was not in fact paid (therefore: the motion should NOT have proceeded)
    b. order for security for costs [FLR 24 (13)]

    I could find no reference to this issue by searching posts.
    Appreciate your insight!
    did the judge write anywhere in the endorsement that the decision is based on the cheque clearing? i highly doubt that it was written, if it was not then most likely there is no writteb record of that part of the proceeding. therefore there are no grounds to appeal the decision.

    what you could do is spend some money and get the transcripts of the motion (since motions are recorded). then file another motion for change (tricky as the circumstances have not actually changed) in that motion attach the transcript highlighting the conversation between the judge and the other party. then declare it a deliberate fraud. and then proceed from there. but the judge may not like that level of work to have an order over turned.

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