What is a motion for security of costs?

In family law, a party can file a motion for security for costs if they are concerned that the opposing party may not have funds if they lose. This motion is made under Rule 24(13) of FLR. Under this rule, a court can demand a party to deposit money or security to cover potential costs.

Under what grounds can you request a security of costs?

• Party lives outside province and has no assets in province
• Party has history of not following court orders (including cost orders)
• Reason to believe will not be able to pay
• Motion is frivolous or brought in bad faith

What are the consequences if the party wins the motion?

The consequences are significant. The other party is prohibited from taking further steps without leave of the court or without posting security.