4.22: Considerations for security for costs order

Case Summary

This was an Application for an Order for Security for Costs on a full indemnity basis arising out of a family law dispute. Justice Antonio noted that the Court may order a party to provide Security for Costs after considering the factors listed under Rule 4.22. Justice Antonio noted that throughout the litigation, the Respondent had avoided providing evidence about assets that he held in Alberta. The Respondent had indicated that he had a reduced income, but otherwise did not claim that Security for Costs would prejudice his ability to continue his Appeal. The Respondent did little to explain the merits of his Appeal. Justice Antonio concluded that the Respondent would be unlikely to comply with any Costs Order, and due to the lack of financial information, it would be unlikely that the Applicant could enforce an Order against any assets the Respondent may have in Alberta. Her Ladyship therefore granted an Order for Security for Costs on a full indemnity basis, and ordered that if the Security for Costs were not posted by the specified date, the Appeal would be struck.

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