Blois v. Blois

Blois v. Blois

Given the appellant's established failure to pay prior costs awards and refusal to return property despite court orders, the necessary "special circumstances" exist and, balancing the parties' interests, the court exercised its discretion to require security for costs in a conservative amount equal to 40% of the...

Source-derived case information.

Citation
2013 NSCA 39
Parties
Appellant/respondent: Steven Wade Blois; Respondent/applicant: Arden Memory Blois
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
22 March 2013
Procedural Posture
Divorce Appeal / Motion for Security for Costs Pending Appeal
Outcome
Motion granted.
Legal Topics
Security for Costs, Costs Awards, Compliance With Court Orders, Impecuniosity, Stay of Execution
Source Language
english
Family Law Civil Procedure Appeals Costs Security for Costs Costs Awards Compliance With Court Orders Impecuniosity +1 more

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Parties

Steven Wade Blois

Appellant/respondent

Arden Memory Blois

Respondent/applicant

Procedural Posture

Divorce Appeal / Motion for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether to order security for costs pending appeal
  2. 2 Whether appellant's prior non-payment of costs and failure to return property constitute "special circumstances"
  3. 3 Appropriate quantum of security for costs

Ratio Decidendi

Given the appellant's established failure to pay prior costs awards and refusal to return property despite court orders, the necessary "special circumstances" exist and, balancing the parties' interests, the court exercised its discretion to require security for costs in a conservative amount equal to 40% of the trial costs award, $3,000, payable by a fixed date.

Court Disposition

Motion granted.

Orders

  • Appellant shall pay security for costs in the amount of $3,000 into the Honourable Court on or before April 30, 2013.