Superior Court Penalties I
In general security describes some sort of required payment or guarantee that serves as collateral or incentive to fulfill a court order. Security deposits are often imposed for default or when a payor has a poor record and there is a likelihood of default. In this study security is broadly defined. It may include non monetary measures such as a requirement to submit passports when exercising access to preclude abduction risks, or depositing car keys to stop a person from driving with their children in the car. Far more common are monetary measures meant to guarantee support or other payments. The most severe are typically charging orders on property or assets, or requirements that securities be deposited and held in trust. Lesser measures commonly involve designating children or a former spouse as beneficiary of an insurance policy, RRSP, or other benefits package. Forfeiture for breaches may be automatic, or require additional default hearings. Deposits may also be required in advance to secure costs against a court action. Security measures may be in the form of an interim or final order, and impose at interim, trial, or post trial hearings.. A summary of the cases used in this study is included in Appendix B.
For family cases where security was an issue the results are as follows
|
Party |
Number of cases |
Set aside |
Some . . relief |
No relief |
|
Male |
77 |
4 |
5 |
68 |
|
Female |
1 |
1 |
0 |
0 |
Summarized in percentage terms
|
Party |
Number of cases |
Set aside |
Some . . relief |
No relief |
|
Male |
100 |
5.2 |
6.5 |
88.3 |
|
Female |
100 |
100 |
0 |
0 |
% Men Secured = 77 / 78 x 100 = 98.7 %
% Women Secured = 1 / 78 x 100 = 1.3 %
It must be noted that the only woman made to post security subsequently had the requirement removed. 4 out of 77 men also were given full relief, so after relief is considered the statistics are as follows.
% Men Secured = 73 / 77 x 100 = 100 %
% Women Secured = 0 / 77 x 100 = 0 %
It can be concluded that men comprise 98.7 % of security requirements, and 100 % after relief is considered. Men are ordered to provide security at a rate of 77 to 1 compared to females. And when a female is made to do so she stands a 100 % chance of having the order set aside with on appeal. When a man is ordered to put up security there is a 5.2 % chance the ruling will be set aside, a 6.5 % chance he will get some relief, but a 88.3 % chance it will stand with no relief at all. The consequences may be severe if a large amount of funds are needed to make a payment to trust. A substancial portion of a parties assets may become tied up in a low interest commitment and therefore be unavailable to earn income or for expenses. Even minor requirements such as keeping designated life insurance policies, can incur large costs over time to maintain, depending on specific requirements and the personal circumstances of the insured. If a litigant cannot come up with a required deposit then they may ultimately lose their access to the court.
Appendix B — Ontario Security Cases Studied
|
|
|
Sex..of party |
Outcome |
|
1 |
Bekarkhanchi v. Bozchelouei, 2003 CanLII 30463 (ON S.C.)
|
m |
GIC held as security for lump sum |
|
2 |
Goudie v. Stapleford, 2004 CanLII 20297 (ON S.C.)
|
m |
Spousal support obligation secured against property, separation agreement not to pay support overturned |
|
3 |
Hitchens v. Hitchens, 2004 CanLII 12899 (ON S.C.)
|
m |
Vesting order of bank accounts and RRSP’s , lump sum |
|
4 |
Rothenburg v. Rothenburg, 2003 CanLII 2229 (ON S.C.)
|
m |
Secure life insurance in wifes name of almost 1 million for spousal of $ 4500 per month |
|
5 |
Jonas v. Da Silva, 2003 CanLII 49354 (ON S.C.)
|
m |
Freezes home and possessions impressed with a trust to benefit of wife. His mothers estate frozen and transferred to trust, garnisheed to 70 % income |
|
6 |
J.H. v. S.H., 2004 CanLII 29739 (ON S.C.)
|
m |
9K lump sum to secure 1 K spousal support, joint custody remove to wife sole custody, he has monthly deficeit, previous order to secure 150 K life insurance |
|
7 |
Hamilton v. Hamilton, 2005 CanLII 47744 (ON S.C.)
|
m |
Support secured against family home for 12 K arrears, cost penalty |
|
8 |
Duhnych v. Duhnych, 2004 CanLII 11777 (ON S.C.)
|
m |
Home secured against lump sum payment, for failure to pay 39 K of 42 K income |
|
9 |
Brown v. Brown, 2004 CanLII 12750 (ON S.C.)
|
m |
Woman owes man equalization but his income imputed and his equalization held as security for child support payments, unemployed, denied spousal support |
|
10 |
Dalgleish v. Dalgleish, 2003 CanLII 1944 (ON S.C.)
|
m |
Vesting order securing 175 K child and spousal support proceeds to be held in trust, 169 K equalization, domestic assault |
|
11 |
P.F. v. E.J.J.F., 2003 CanLII 2115 (ON S.C.)
|
m |
Charging order on his farm for child support, jailed for death threat against wife |
|
12 |
Y.T. v. J.K.1, 2006 CanLII 4908 (ON S.C.)
|
m |
20 K security with court for compliance with order, wife says husband abused her, gets sole custody to move to Japan |
|
13 |
Fabro v. Ferrante, 2003 CanLII 1952 (ON S.C.)
|
m |
Establish life insurance as security for child support |
|
14 |
Vandenelsen v. Merkley, 2003 CanLII 1965 (ON S.C.)
|
w |
Woman abducts children, made to deposit passport as security for access, order overturned |
|
15 |
Iankilevitch v. Iankilevitch, 2004 CanLII 20533 (ON S.C.)
|
m |
100 K insurance used as security for support |
|
16 |
Sh. É. C. v. G. P., 2003 CanLII 2028 (ON S.C.)
|
m |
Security against family home for support |
|
17 |
Sh. É. C. v. G. P., 2003 CanLII 2028 (ON S.C.)
|
m |
23 K remaining proceeds of home held for security for support, rest of his 114 K equity goes to wife for arrears, wife to be designated beneficiary of insurance policy |
|
18 |
Swanson v. Swanson, 2004 CanLII 48679 (ON S.C.)
|
m |
House and bank account vested to secure 80 K lump sum support and 40 K equalization, man on welfare denied support, income imputed |
|
19 |
P.R. v. K.R., 2005 CanLII 44186 (ON S.C.)
|
m |
5 K security to bring motion, vexatious, frivoluos abusive litigator, 10 K cost penalty , variation not heard despite FRO default |
|
20
|
Beaumont v. Beaumont, 2003 CanLII 2056 (ON S.C.)
|
m |
5 K recognizance for restraining order, bad faith, income and value of business imputed |
|
21 |
Dhanna v. Dhanna, 2004 CanLII 46660 (ON S.C.)
|
m |
Non depletion and trust account order continued for man until he repays about 180 K then his portion of the trust will be released., wifes funds released, marriage contract set aside, income imputed |
|
22 |
McGoey v. McGoey, 2003 CanLII 2179 (ON S.C.)
|
m |
Maintain insurance policy in wifes name to secure support |
|
23 |
Fang v. Fang, 2004 CanLII 13068 (ON S.C.)
|
m |
Charging order on house as security for support, vesting order on RRSP for equalization, sentencing hearing for contempt, imputed income |
|
24 |
Pirner-Moser v. Pirner, 2003 CanLII 27465 (ON C.A.) |
m |
Cottage used as security in past, 45 days to pay lump sum or transfer |
|
25 |
Roscoe v. Roscoe, 2003 CanLII 2037 (ON S.C.)
|
m |
Wifes lawyer allowed to hold 60 K in trust at interim motion. |
|
26 |
Dickie v. Dickie, 2006 CanLII 10735 (ON C.A.)
|
m |
Security released to wife, money in wifes lawyers trust released to FRO |
|
27 |
Katsigannis v. Kottick-Katsigannis, 2000 CanLII 16999 (ON C.A.)
|
m |
Security released to wife |
|
28 |
Stein v. Stein, 2003 CanLII 46771 (ON C.A.)
|
m |
Security held for costs paid out, man wins appeal and gets most returned |
|
29 |
Tiraborelli v. Tiraborelli, 2004 CanLII 27352 (ON C.A.)
|
m |
5 K security for costs of action to be posted |
|
30 |
Parnell v. Viger, 2005 CanLII 8665 (ON C.A.)
|
m |
Equalization and costs secured against home, and house to be sold if man loses. |
|
31 |
Manis v. Manis, 2001 CanLII 3851 (ON C.A.)
|
m |
Doesn’t comply with security order, depletes assets, contempt, imprisonment, appeal dismissed for non compliance |
|
32 |
Balogh v. Balogh, 2002 CanLII 1386 (ON C.A.)
|
m |
Mans 57 K share in home held as security for support, changed to lump sum on appeal |
|
33 |
Pearson v. McAteer, 2005 CanLII 32002 (ON S.C.) |
m |
Arrears of 13 K in child support, charging order put on land, access to child denied |
|
34 |
Costabile v. Costabile, 2005 CanLII 44377 (ON C.A.)
|
m |
2.5 K held for security to be given to wife, pleadings struck, appeal dismissed 5 K costs |
|
35 |
Harris v. Harris, 2000 CanLII 17048 (ON C.A.)
|
m |
Second mortgage ordered put on mans property and assigned to wife for 5 K per month support, stay denied |
|
36 |
Shamli v. Shamli, 2004 CanLII 12363 (ON S.C.)
|
m |
Must give wife passport to get supervised access at her discretion |
|
37 |
Riel v. Holland, 2003 CanLII 3433 (ON C.A.)
|
m |
Charging order over home and cottage as security for support |
|
38 |
Drygala v. Pauli, 2003 CanLII 48241 (ON C.A.)
|
m |
Must pay 6 K into court as security on support and costs, released to wife |
|
39 |
Patkau v. Patkau, 2005 CanLII 49673 (ON S.C.)
|
m |
Must make children beneficiaries of insurance until support obligation ends |
|
40 |
Stancheff v. Stancheff, 2005 CanLII 2059 (ON S.C.) |
m |
Must hold 200 K private insurance and designate wife and children beneficiary of work related policies and benefits and wife is trustee, |
|
41 |
Chamanlall v. Chamanlall, 2006 CanLII 1916 (ON S.C.)
|
m |
Remainder of his procceds of sale of the home are to be held as security for child support |
|
42 |
Korevaar v. Allard, 2003 CanLII 2151 (ON S.C.)
|
m |
Must be inspected for alcohol, prove drug screening and AA attendance and leave car keys with supervisor for access and install alcohol device on ignition |
|
43 |
Hugel v. Hugel, 2004 CanLII 15763 (ON S.C.) |
m |
Must keep 250 K insurance policy as security for support, 3.5 K per month in child support, 25 K in retroactive support, 28 K in compensatory spousal support |
|
44 |
Fredriksen v. Lehane, 2003 CanLII 2122 (ON S.C.)
|
m |
Allegations he might abduct the child. Made to give up passport to get access, passport returned |
|
45 |
Cook v. Ryder, 2003 CanLII 2085 (ON S.C.) |
m |
Must put $220 per month into special needs account for child as well as paying support, lump sum to pay arrears of 7 K, child support increased |
|
46 |
Murch v. Bell, 2003 CanLII 2031 (ON S.C.) |
m |
Must put life insurance policy of 75 K in place designated to wife |
|
47 |
Beaudry v. Beaudry, 2004 CanLII 20399 (ON S.C.)
|
m |
a lien on his motorcycle transfer of 30 K of RRSP for arrears and lump sum, , 15 K costs |
|
48 |
McIsaac v. McIsaac, 2004 CanLII 5061 (ON S.C.)
|
m |
Lump sum spousal support of 30 K, equalization of 255 K, charging order for balance of 187 K on business |
|
49 |
Bielanski v. Bielanski, 2005 CanLII 18719 (ON S.C.) |
m |
Must desinate wife as beneficiary of life insurance and provide health insurance, vesting order for ½ of pension, 2.2 K per month total support |
|
50 |
Lauge v. Liepins, 2002 CanLII 2712 (ON S.C.)
|
m |
Must post 25 K security to be held in trust against support and pay 14 K in arrears |
|
51 |
Loy v. Loy, 2005 CanLII 27606 (ON S.C.) |
m |
Life insurance policy against 8 K per month support |
|
52 |
Leckie v. Leckie, 2003 CanLII 1971 (ON S.C.)
|
m |
Security for ongoing support by life insurance policy, lump sum equalization prepayment of 14 K from sale of home, his sialboat and RRSP, |
|
53 |
Ojo v. Ojo, 2005 CanLII 1498 (ON S.C.) |
m |
Charging order against property and RRSP, 25 K lump sum payment |
|
54 |
Gallaugher v. Gallaugher, 2005 CanLII 19767 (ON S.C.) |
m |
Wife forces payment of support arrears through security on sale of house |
|
55 |
Malerba v. Malerba, 2004 CanLII 34791 (ON S.C.) |
m |
Life insurance policy to secure support, 180 K lump sum, bankruptcy, contempt |
|
56 |
Bondy v. Bondy, 2004 CanLII 14546 (ON S.C.)
|
m |
98 K life insurance to secure spousal support, wife asks for RRSP too but is denied |
|
57 |
Sodhi v sodhi |
m |
Give passport as security to see children, passport returned |
|
58 |
Martin v. Martin, 2004 CanLII 48712 (ON S.C.) |
m |
Man must hold at least 1 million dollars life insurance designated to wife for payments of 28 K per month in total support |
|
59 |
Antonopoulos v. Antonopoulos, 2006 CanLII 3289 (ON S.C.) |
m |
250 K to be retained by the court as security for wifes claims, 5.7 K per month total support, 265 K equalization, 610 K paid out to Revenue Canada |
|
60 |
Vangroenigen v. Vangroenigen, 2005 CanLII 38896 (ON S.C.) |
m |
Mans share of home held as security for support, 10 K lump to settle spousal support, imputed income for not working overtime |
|
61 |
Mondino v. Mondino, 2004 CanLII 21293 (ON S.C.) |
m |
Mans share of home held as security for support |
|
62 |
Orser v. Grant, 2003 CanLII 2277 (ON S.C.) |
m |
Pleadings struck, lump sum retroactive support of 14 K and costs of 20 K, arrested as absconding debtor, FRO holds 7 K security asks for his pleadings struck and 72 K arrears and 15 K security and jail and seizure of property if he defaults |
|
63 |
Martin-Shore v. Shore, 2004 CanLII 17019 (ON S.C.) |
m |
Security for costs of motion |
|
64 |
Maceus-Agyekum v. Agyekum, 2005 CanLII 10539 (ON S.C.) |
m |
Life insurance policy for security, 54 K lump sum, imputed income, intentionally unemployed, joint custody |
|
65 |
Tessarolo v Tessarolo, 2005 CanLII 25108 (ON S.C.) |
m |
Lump sum 5 K compensatory support, life insurance as security |
|
66 |
Kimpton v. Kimpton, 2003 CanLII 2148 (ON S.C. |
m |
Secure support with life insurance policy, vesting order that half his CN pension is transferred to wife |
|
67 |
Boileau v. Boileau, 2003 CanLII 2288 (ON S.C |
m |
Secure support against life insurance policy, 69 K of pension transferred to wife, $ 600 support for 2 years and if default continue paying until 20 K total is paid |
|
68 |
Dunklin v. Dunklin, 2006 CanLII 5877 (ON S.C.) |
m |
Secure equalization against life insurance policy and make wife trustee of pension, retroactive child support |
|
69 |
Aitken v. Aitken, 2003 CanLII 2050 (ON S.C.) |
m |
25 K life insurance policy for security, large stock market losses, given a variation in total support from 3.1 K per month to 2 K |
|
70 |
Ristimaki v. Cooper, 2004 CanLII 16074 (ON S.C.) |
m |
1.5 million held in trust, 2.5 million already paid, almost 7 million owing, wife petitions man into bankruptcy, man leaves country |
|
71 |
Little v. Little, 2002 CanLII 2797 (ON S.C.) |
m |
Insurance for security, vesting order on house, 2.1 K per month spousal support, 20 K equalization |
|
72 |
Church v. Church, 2003 CanLII 1942 (ON S.C.) |
m |
Life insurance policy for security, complex separation agreement including 25 K security for costs for variation motion |
|
73 |
Damer-Basso v. Basso, 2003 CanLII 2055 (ON S.C.) |
m |
Mans interest in home to be held as security |
|
74 |
Wentsell v. Schumacher, 2004 CanLII 15668 (ON S.C.) |
m |
165 K to be held in trust, 2.5 K lump to cover support arrears, joint custody removed, child support increased to 1.3 K per month |
|
75 |
Palinka v Palinka, 2003 CanLII 2195 (ON S.C.) |
m |
500 K life insurance policy as security, denied 15 K interim disbursement and retraining order, 2.5 K spousal support |
|
76 |
Romanenko v. Stolarsky, 2005 CanLII 9677 (ON S.C.) |
m |
49 K equalization payment to be held by FRO for security for support |
|
77 |
Fisher v. Fisher, 2006 CanLII 4950 (ON S.C.) |
m |
Must designate wife as beneficiary of life insurance to secure 2.6K per month support, support drops to 1 K in a year |
|
78 |
Eloranta v. Eloranta, 2002 CanLII 2710 (ON S.C.)
|
m |
Equalization payment secured by second mortgage, must get life insurance policy sufficient to cover support obligations |