Ottawa Divorce .com Forums


User CP

New posts

Advertising

  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.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-29-2012, 01:19 AM
Member
 
Join Date: Apr 2011
Location: GTA
Posts: 80
momto3 is on a distinguished road
Default Service of Notice of Contempt ???????

I was reading the Family Law rules and it looks like to take my ex to court for contempt I have to serve a Form 31: Notice of Contempt Motion, not just a Notice of Motion. I was reading through how to serve this Notice of Motion and this is what it states in the rules. Does anyone know how to interpret this? Can his lawyer be served or does he have to be served directly? Also can I have a process server do the service or do I have to directly serve my ex?


NOTICE OF CONTEMPT MOTION
(2) The notice of contempt motion (Form 31) shall be served together with a supporting affidavit, by special service as provided in clause 6 (3) (a), unless the court orders otherwise. O. Reg. 114/99, r. 31 (2).


SPECIAL SERVICE
(3) Special service of a document on a person is carried out by,
(a) leaving a copy,
(i) with the person to be served,
(ii) if the person is or appears to be mentally incapable in respect of
an issue in the case, with the person and with the guardian of the
person’s property or, if none, with the Public Guardian and Trustee,
(iii) if the person is a child, with the child and with the child’s lawyer
if any,
(iv) if the person is a corporation, with an officer, director or agent
the corporation, or with a person at any place of business of the
corporation who appears to be managing the place, or
(v) if the person is a children’s aid society, with an officer, director
or employee of the society;
(b) leaving a copy with the person’s lawyer of record in the case, or with a lawyer who accepts service in writing on a copy of the document;
(c) mailing a copy to the person, together with an acknowledgment of service in the form of a prepaid return postcard (Form 6), all in an envelope that is addressed to the person and has the sender’s return address (but service under this clause is not valid unless the return postcard, signed by the person, is filed in the continuing record); or
(d) leaving a copy at the person’s place of residence, in an envelope addressed to the person, with anyone who appears to be an adult person resident at the same address and, on the same day or on the next, mailing another copy to the person at that address. O. Reg. 114/99, r. 6 (3).
SPECIAL SERVICE — DOCUMENTS THAT COULD LEAD TO IMPRISONMENT
(4) Special service of the following documents shall be carried out only by a method set out in subclause (3) (a), unless the court orders otherwise:
1. A notice of contempt motion.
2. A summons to witness.
3. A notice of motion or notice of default hearing in which the person to be served faces a possibility of imprisonment. O. Reg. 114/99, r. 6 (4).
  #2 (permalink)  
Old 01-29-2012, 11:26 AM
Senior Member
 
Join Date: Mar 2011
Posts: 485
staysingle is on a distinguished road
Default

For what is worth, use a process server. Contempt is a serious charge and not serving properly will weaken your motion.
  #3 (permalink)  
Old 01-29-2012, 02:07 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,961
arabian will become famous soon enough
Default

don't waste your time or money on contempt.... judges just keep giving them another chance.....
  #4 (permalink)  
Old 01-29-2012, 02:35 PM
Senior Member
 
Join Date: Mar 2011
Posts: 485
staysingle is on a distinguished road
Default

Its not a waste of time. Its the only remedy available. He is being flagrant go after him plus costs. Odds are a judge will make it very clear if they see this person again for not adhering to court orders they will get fried.

All of this is a colossal pain the ass but unfortunatly its all you have
  #5 (permalink)  
Old 03-16-2013, 07:13 PM
Junior Member
 
Join Date: Mar 2013
Posts: 8
harmlessthing is on a distinguished road
Default

thats what the judge told him in court and on the court order says if he doesn't comply he will be in contempt of court,
  #6 (permalink)  
Old 03-16-2013, 07:19 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,961
arabian will become famous soon enough
Default

My ex has been in contempt for over 3 yrs. I am taking him back to court for that and a number of other issues. We have been before several judges who tell him he is in contempt of court and to basically be a good boy etc. I will let you know if anything is actually done about the contempt. I strongly doubt it.

If it's about money (contempt) then that should easily be remedied by having the court order, for which he is in contempt for, simply enforced by FRO. Depending upon the amount you would be best advised to weigh the pros and cons of going back into court and just getting another court order.

I have lots of court orders. Enforcing them is another thing it seems in my case. Perhaps you will be successful.

I wish you the very best in your endeavors. Please keep us updated on your progress.
  #7 (permalink)  
Old 03-17-2013, 12:11 PM
Senior Member
 
Join Date: Jul 2012
Posts: 1,692
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

The main remedy to contempt is for the contempt to be purged. How fruitful a contempt motion is depends upon what he is in contempt of; this is a crucial detail.
  #8 (permalink)  
Old 03-17-2013, 03:37 PM
Junior Member
 
Join Date: Mar 2013
Posts: 8
harmlessthing is on a distinguished road
Default

hi this is his 5th contempt of court and the other order it was never written "failing wich he will be found in contempt of court" but this last one the judge wrote it down will that help more with enforcing the court order?
  #9 (permalink)  
Old 03-17-2013, 03:49 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,961
arabian will become famous soon enough
Default

Contempt of court, when it does happen, is a serious charge. It is considered serious because someone's liberty can be seriously affected (jail). For this reason there usually has to be a charge and then a separate hearing for contempt.

I have lots of documentation, including my ex's admission, of my ex's contempt. I am currently proceeding with having my ex fined heavily for his contempt. Will I succeed? Probably not but come the time when my SS is up for review, it sure won't help him that he doesn't obey court orders.

Each and every case is different. You very well might be successful.

My advice would be to put a penalty with the charge of contempt ($$$/day for each day he refuses to purge his contempt). That incentive seems to work with some people.
  #10 (permalink)  
Old 03-17-2013, 03:55 PM
Junior Member
 
Join Date: Mar 2013
Posts: 8
harmlessthing is on a distinguished road
Default

ty very much it also says on the court order that he would have to pay 3% from the time he doesn't pay i just don't know if they charge that everyday. I'm to the court house tomorrow morning to see what can be done ill let you know what happens. thanks again
Closed Thread


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
Can I serve my ex when they have a lawyer billm Divorce & Family Law 39 08-09-2013 08:47 PM
Defining Contempt of Court Epona Divorce & Family Law 9 03-20-2013 12:41 PM
Notice of contempt motion WorkingDAD Divorce & Family Law 8 01-17-2012 01:18 PM
Substitutional Service Narayana Divorce & Family Law 0 05-28-2009 08:02 AM
Procedural Help LV McBroke Divorce & Family Law 5 01-22-2007 11:02 AM


All times are GMT -4. The time now is 02:34 AM.