What is the test for securing security for the payment of future support?
Ontario, Canada
The following excerpt is from Clewlow v. Clewlow, 2004 CanLII 7355 (ON SC):
In Bakker v. Bakker, 1997 CanLII 12385 (ON SC), [1997] O.J. No. 4950 (Ont. Gen.Div.), the wife sought security for the payment of future support from the husband. At para. 43, Vogelsang J. said: … A review of some of the cases, however, shows that orders securing payments, for either future periodic support or a lump-sum assessment, are not made out of hand. Although the remedy is discretionary, there must be some cogent evidence warranting the granting of the relief.
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