The Respondent had been successful at Trial, a family law matter, receiving a favourable Order and Costs. The Applicant appealed, and sought to have filing deadlines extended and, if granted, to be permitted to file a Factum in excess of the length allowed by Practice Note J (12 pages). The Respondent sought Security for Costs.

The Court held that the dilatory nature of the Appeal warranted Security for Appellate Costs. If the Order for security was not complied with, the Respondent’s Application was, without more, dismissed. If the Order for security was complied with, the Appellant could proceed with the Appeal and file a 12 page Factum.