Canada Court Watch
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.