“Generally, a litigant will not be permitted to continue with proceedings where a costs order remains unfulfilled: Munro v. Canada (Attorney General) (1994), 1994 CanLII 7517 (ON SC), 120 D.L.R. (4th) 746, at paras. 9, 12. Justice Dunphy summarized the principles that guide the court’s exercise of discretion under these rules, which include that:
a. where there has been non-compliance with an order of the court, the court should be alive to the possibility that its process is being abused;
b. the right of access to the courts must be accompanied by the responsibility to abide by the Rules of Civil Procedureand to comply with orders of the court; and
c. the court ought not to sit in appeal of the prior cost awards as seeking relief against prior costs orders constitutes a collateral attack on orders previously made: Rana v. Unifund Assurance Company, 2016 ONSC 2502, at para. 50.”
