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!
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!
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