Filing a stay of proceedings (ON)

[vocalfather]

Hi All,

I could use some guidance here. After a successful trial and subsequent summary judgment motion, the other party is attempting to return to court again, without merit (or so I believe). After speaking to a few professionals, they have advised that I should file a stay in proceedings based on several factors including not following the court orders but also due to the large sum of court costs owed and failure to pay child support (and the large o/s child support owed as well). I'm just wondering if anyone can provide some guidance as to how to go about this. I really appreciate any help you can provide.

 

[Tayken]

Hi All,

I could use some guidance here. After a successful trial and subsequent summary judgment motion, the other party is attempting to return to court again, without merit (or so I believe). After speaking to a few professionals, they have advised that I should file a stay in proceedings based on several factors including not following the court orders but also due to the large sum of court costs owed and failure to pay child support (and the large o/s child support owed as well). I'm just wondering if anyone can provide some guidance as to how to go about this. I really appreciate any help you can provide.

Read: https://www.canlii.org/en/on/onsc/doc/2015/2015onsc3684/2015onsc3684.html

THE HONOURABLE MR. JUSTICE PAZARATZ

[1] Is it “in the best interests of the child” that costs orders have teeth?

[2] Clearly, finances are unrelated to parenting skills. And where children are involved we often bend the rules to make sure the right thing happens.

[3] But how many times can an impecunious parent play the “inability to pay” card to flaunt the system?

[4] Who gets hurt when costs orders mean nothing?

[5] The “successful” parent?

[6] Our overburdened court system?

[7] The child?

[8] All of the above?

[9] These were some of the issues on this motion for security for costs in this high conflict custody/access file.
​

 

[vocalfather]

Thx Tayken! Is it my understanding that the one party would need to pay $2500 as security into the courts prior to moving forward? This is exactly what I was hoping for. With this fresh MTC they've filed, I guess what I'm trying to figure out is if I file a motion to stay the proceedings in advance of responding to the MTC?