Ottawa Divorce .com Forums

User CP

New posts


  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

LinkBack Thread Tools
  #1 (permalink)  
Old 02-18-2014, 01:12 AM
Senior Member
Join Date: Aug 2013
Posts: 145
annapurna66 is on a distinguished road
Default Procedure for contempt motion??

Can you file a contempt motion without having the issue "heard" at a case conference?? My ex is trying to bully me (IMO) by threatening to file a contempt motion on issues that have not been brought up in our court proceedings to date (eg. non-compliance with section 7 and contribution to RESP as defined by our SA) . Without getting into all the details, its a bit of a case of kettle calling the pot black. Just wondering what the procedural piece of this is? Thanks!
Reply With Quote
  #2 (permalink)  
Old 02-18-2014, 11:18 AM
arabian's Avatar
Senior Member
Join Date: Jan 2011
Location: Western Canada
Posts: 9,961
arabian will become famous soon enough

I don't believe you can file a contempt motion for non-payment of money.

Check your provincial rules of court for more information.
Reply With Quote
  #3 (permalink)  
Old 02-19-2014, 09:20 PM
Join Date: Jan 2013
Posts: 30
selfrepguy is on a distinguished road

I think the governing rule from Family Law Rules is:

31. (1) An order, other than a payment order, may be enforced by a contempt motion made in the case in which the order was made, even if another penalty is available. O. Reg. 114/99, r. 31 (1).

The key phrase being "other than a payment order" ..

You can find the rules here:
Reply With Quote
  #4 (permalink)  
Old 02-20-2014, 12:06 AM
Senior Member
Join Date: Aug 2013
Posts: 145
annapurna66 is on a distinguished road

Thanks for the information. I went to the Rules, as suggested, but am stuck on the word "payment". Does a 'Payment order" include any payment (eg. section 7) or just child or spousal support payment. Any thoughts?
Reply With Quote
  #5 (permalink)  
Old 04-17-2014, 08:48 PM
Senior Member
Join Date: Aug 2013
Posts: 145
annapurna66 is on a distinguished road

Just thought I would add to this. Spoke to lawyer today...."Payment" order refers to any order of payment including spousal, child and yes...section 7.
Reply With Quote

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
motions... not served??? searching Divorce & Family Law 5 01-26-2013 10:16 PM
What is the procedure for a motion to go to trial? lorlaman General Chat 0 01-08-2012 12:52 PM
Motion filed - What do I do? Fresh Starts Divorce & Family Law 5 05-18-2010 04:46 PM
Motion Procedure Cobourg Divorce & Family Law 0 04-23-2010 09:39 AM
Motion Procedure mominont Divorce & Family Law 11 07-24-2007 11:02 AM

All times are GMT -4. The time now is 04:53 PM.