What is the test for security for costs in a custody and access matter?

Ontario, Canada


The following excerpt is from Webster v Suteu, 2015 ONSC 7886 (CanLII):

Security for costs in cases involving custody and access and what are the best interests of the child are at stake, should be granted only in exceptional circumstances. As stated by Justice J.W. Quin in Stefureak v. Chambers [205] O.J. No. 1086, para. 18: Where it is shown that the position being espoused by a party “is a waste of time or a nuisance and that the party does not have enough assets in Ontario to pay costs”, it matters not that custody is the issue. And, if this means that the proceeding, effectively, is ended or stayed, so be it. I can think of no better case to stop in its tracks than an unmeritorious claim for custody.

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