What is the test for a security order on a property owned by a party who has failed to honour a support obligation?
Ontario, Canada
The following excerpt is from Brown v. Brown, 2012 ONSC 6696 (CanLII):
In Singh v. Singh[1] Mazza J. listed the criteria for the court’s consideration in exercising its discretion in ordering that property be subject to a security order. These criteria include the following: a) where a party has a history of dissipation of assets, that is, unable to handle money b) where the respondent is likely to leave the jurisdiction and become, in effect, an absconding debtor. c) where the respondent has, in the past, refused to honour a support obligation, whether it came by court order or contract or has refused to provide support at all. d) where the party has a poor employment history, or has indicated that he or she, will leave their employment.
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