STBX not complying with Order for Disclosure - What Next ?

[plainNamedDad44]

Hi Community,

STBX is not complying with order. I understand my options as

1. A motion for contempt
2. A motion seeking that her pleadings be struck.


My lawyer (I am self rep'ed but have a lawyer retained that I confer with) says that motioning for contempt is heavy handed and that Judges dread these.

Anyone have any experience with dealing with breached orders ?

[ross_toronto]

My assumption is that you can also use this as ammo to possibly seek legal costs. Does anyone know if this is correct? Does it help a case for costs at motion or trial or both?

Of course, you can also do nothing and wait until the next time you are in front of a judge to complain. That is cheaper... but may not be as useful. Anyone have any advice on the do nothing option?

[Links17]

Contempt is heavy handed - a sort of LAST resort.
I went through a contempt hearing in Quebec and won.

1. You must prove there was a judgement clear and unambigous.
2. You must prove that she did not comply
3. You must prove she INTENTIONALLY is not complying for no good reason

You can be sentenced to 1 year in prison or a fine also community service and anything else.

This is QUASI-CRIMINAL - which means its "proof beyond a reasonable doubt" the bar for proof is higher

The best thing to do is search canlii for contempt and see if others have been successful in your situation,