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Old 09-12-2017, 02:17 PM
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Tayken Tayken is offline
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Originally Posted by plainNamedDad44 View Post
On second thought I am not so sure, since the order dealt with the disposition of marital assets, regardless, the order was not a payment order.

Maybe just motion ?
I am not a fan of "contempt" motions. The other rule you can rely upon is Rule 1.(8). It is a much friendlier way to handle the matter. I find people that rely upon this rule to request a remedy are often more successful than a contempt motion. Furthermore, the burden of evidence is not "beyond reasonable doubt" which is often the case with contempt motions.

Quote:
FAILURE TO OBEY ORDER
(8) If a person fails to obey an order in a case or a related case, the court may deal with the failure by making any order that it considers necessary for a just determination of the matter, including,
(a) an order for costs;

(b) an order dismissing a claim;

(c) an order striking out any application, answer, notice of motion, motion to change, response to motion to change, financial statement, affidavit, or any other document filed by a party;

(d) an order that all or part of a document that was required to be provided but was not, may not be used in the case;

(e) if the failure to obey was by a party, an order that the party is not entitled to any further order from the court unless the court orders otherwise;

(f) an order postponing the trial or any other step in the case; and

(g) on motion, a contempt order. O. Reg. 322/13, s. 1.
FAILURE TO FOLLOW RULES

(8.1) If a person fails to follow these rules, the court may deal with the failure by making any order described in subrule (8), other than a contempt order under clause (8) (g). O. Reg. 322/13, s. 1.
Also, in your case, do you really want someone to face a fine or jail? That is what you have to think about when contemplating "contempt". Usually "contempt" should be reserved for things that directly relate to custody and/or access.

Good Luck!
Tayken

Last edited by Tayken; 09-12-2017 at 02:19 PM.
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