Announcement

Collapse
No announcement yet.

Contempt - What it does NOT look like

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Contempt - What it does NOT look like

    I really wish that we had a "case law" subforum. It would be a useful resource.


    An interesting ruling on a contempt motion:


    https://www.canlii.org/en/on/onsc/do...18onsc371.html


    In a nutshell: Contempt is serious, most annoying things that people do are not contempt. This is mostly due to the fact that unless the court order is ridiculously clear on the point, it isn't contempt.




    Generally

    [41] As indicated above, particularly in family law cases, the civil contempt remedy should be used sparingly and as a measure of last resort, where there are no other adequate remedies available to the aggrieved party. The inappropriate use of the contempt process can seriously impede the ability of parents to positively parent their child, in the child’s best interests. In my view, the use of the contempt process by the respondent in this case, was entirely inappropriate and unfounded.<svg xmlns="http://www.w3.org/2000/svg" class="lb-i" viewBox="0 0 1920 1408" width="0px" height="0px">
    </svg> <svg xmlns="http://www.w3.org/2000/svg" class="lb-i" viewBox="0 0 1792 1408" width="0px" height="0px">
    </svg>

    [42] It is hoped that this Endorsement will send a message that there are more appropriate measures available to address future parenting issues and disputes that may arise between the parties.

  • #2
    http://www.ottawadivorce.com/forum/f...splay.php?f=20

    Relevant case law can be posted in the Reference forum.

    Comment

    Our Divorce Forums
    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
    Working...
    X