Canada Court Watch

Case Law

Here is a posting of some case Law which some members of the public may find helpful in their own court matters.

Winkler v. Winkler

This is a case from the Manitoba Court of Appeal and deals with the issue of a wife's appeal from an order preventing her from proceeding in court until she paid arrears in costs and posted a security for future costs.  In the divorce the husband was granted custody of the daughter.  The wife continued to bring actions to regain custody or expand access.   The husband applied to strike the latest application or alternatively to stay proceedings until the wife paid arrears in costs and posted security for future costs.  The proceedings were stayed.  Security for costs of $2,000 was required.  This mother's appeal to be able to use the the court system was upheld with the court ruling that unpaid court costs should not be used as a barrier to access to the justice system where the situation warrants.
Link to case in html format

 

 

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