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Contempt - Ground Breaking Ruling

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  • #16
    [QUOTE=Tayken;138243]. If you don't, then the court will eventually order something as a result.

    Well I don't believe I have read too much on family court actually doing something to punish those who have failed to purge their contempt.

    The whole contempt process is, to my understanding, a trial unto itself because if convicted of contempt an individual's liberty is on the line.

    If anyone knows of any literature of this I would be appreciative to receive the link.

    Comment


    • #17
      Originally posted by arabian View Post
      Well I don't believe I have read too much on family court actually doing something to punish those who have failed to purge their contempt.

      The whole contempt process is, to my understanding, a trial unto itself because if convicted of contempt an individual's liberty is on the line.

      If anyone knows of any literature of this I would be appreciative to receive the link.
      CanLII.org is the best place to find information on contempt motions in family law. Google is great too and can return results in milliseconds:

      Law of Contempt | Pantalone Family Law in Ottawa Ontario

      Rare ruling sends family law litigant to jail for contempt

      Contempt of Court in Family Law Matters | By Toronto Family Lawyer

      Overview of how contempt orders operate in the province of Ontario. | By Toronto Family Lawyer

      Just as some examples by typing "contempt family law in canada" on Google.ca...

      Good Luck!
      Tayken

      Comment


      • #18
        Thanks Tayken. I've been looking at articles for several years now. Generally speaking, it seems most people purge their contempt before they are imprisoned or fined so it stands to reason that there isn't much literature.

        I couldn't download the "rare ruling...."

        Thanks just the same.

        Comment


        • #19
          Originally posted by arabian View Post
          Thanks Tayken. I've been looking at articles for several years now. Generally speaking, it seems most people purge their contempt before they are imprisoned or fined so it stands to reason that there isn't much literature.

          I couldn't download the "rare ruling...."

          Thanks just the same.
          Here is a reposting (syndication) of the "rare ruling". Just cut and paste the heading into Google and it comes up as the first hit... Google.ca, it can answer the vast majority of questions people have on this site...

          Husband Jailed for Criminal Contempt in Disobeying Court OrdersPSW Law | PSW Law

          It also provides a link to a rebroadcast on twitter to the link... that may take you to Law Time's publication of it...

          https://twitter.com/Carolyn__Warner/...83288006455297

          Good Luck!
          Tayken

          Comment


          • #20
            Thank you again. In my situation our problem has been that we have been in front of many judges. Everyone has agreed with the previous judge's direction but it just seems to get handed on and on and on and on. We only recently were assigned a case management judge and we are hopeful that some of our issues will be dealt with in a swift and decisive manner. Even a 7 day jail sentence would be welcomed - anything to get my ex to realize he has to obey court orders.

            Comment


            • #21
              Originally posted by arabian View Post
              Thank you again. In my situation our problem has been that we have been in front of many judges. Everyone has agreed with the previous judge's direction but it just seems to get handed on and on and on and on. We only recently were assigned a case management judge and we are hopeful that some of our issues will be dealt with in a swift and decisive manner. Even a 7 day jail sentence would be welcomed - anything to get my ex to realize he has to obey court orders.
              Hi Arabian:

              Well, things should (in my opinion) move better now that there is a single case management judge responsible now. It should be somewhat better and things should progress better. But, again, it all boils down to scheduling and appearances. There are often too many long pauses in family law matters even when a single case management judge is assigned.

              Your lawyer should be advising you if contempt is an option really. Contempt is really no cake walk before the courts. I can't speak for Alberta courts but, in Ontario they are quasi criminal and require evidence beyond doubt and not just on the balance of probability.

              They also can be very long... Well, unless the responding party refuses to take the stand and be cross examined... (as demonstrated in this case law attached to this thread).

              I wouldn't recommend that someone not take the stand in defense against a contempt motion and/or hearing as the Respondent in this matter did...

              Good Luck!
              Tayken

              Comment


              • #22
                Tayken - the contempt matter will indeed be a matter dealt with in a few weeks by the judge. Last month in court the judge stated emphatically that he "wanted" our case in light of the fact that it had been in court so many times. He asked my lawyer how long it would take him (judge) to get up to speed etc. When we go into court my files are brought in on a trolley. After court my lawyer, ex's lawyer and judge met separately to decide a date. I note we are to submit an agenda 7 days prior to the meeting.

                Each and every time my ex has taken me to court contempt has been raised. Each and every time the judge we were in front of has ordered my ex to comply with previous orders.

                There will, of course, be other matters discussed at this meeting. We have been in front of 7 different judges. I am certainly tired of the whole thing. Funny that the divorce was finalized in 9 months but ex opted to dispute it for the past 3 yrs. Total waste of money. I am optimistic that large deposits paid by ex into court for costs, along with pre-approval by this case management judge, will be prerequisite for any and all future litigation. I feel fairly confident that the judge will try to find a way to end my ex's seemingly endless litigation.

                Any perceived benefit I have received in SS has been reduced substantially by legal costs. Yes the matter of costs will most definitely be on our agenda.

                Comment


                • #23
                  Follow Up to Contempt

                  Hi All,

                  Here is the follow up as posted to CanLII with regards to the matter for which this thread were initiated on:

                  Scrivo v. Scrivo, 2013 ONSC 4655 (CanLII)
                  Date: 2013-07-12
                  Docket: 30336/08
                  URL: CanLII - 2013 ONSC 4655 (CanLII)
                  Citation: Scrivo v. Scrivo, 2013 ONSC 4655 (CanLII)

                  [9] Ms. Scrivo has argued that Mr. Scrivo needs to make an effort. It is ironic that she does not notice that he brought a trial for access to occur and has had five court attendances to make the access materialize.

                  [10] I find Ms. Scrivo has not honoured the court with her behaviour and has flouted the court’s orders to facilitate access.
                  [12] It has long been understood that it is in the child’s best interests for that to occur. The goal in this case was to overcome the estrangement between father and son.

                  [13] It has been made clear to Ms. Scrivo that she was to facilitate time with Brendan with his father.

                  [14] I find she has not done so.
                  Now here is the "wow factor":

                  [15] Mr. Scrivo has sought an order for suspension of child support payments on a temporary basis. His counsel argues that a financial sanction is the only possible solution to Ms. Scrivo’s behaviour.

                  [16] Justice Jenkins, in Welstead v. Bainbridge [1995] O. J. No. 93, IOR.F.L. (4th) 410 did consider that the court could remove child support in whole or in part in the face of consistent and wilful refusal to facilitate access.

                  [17] The concern of the court is whether this will visit financial hardship on the children.

                  [18] I will therefore allow Ms. Scrivo to reattend before the court to show cause why such an order should not be made. Ms. Scrivo is to serve and file a proper sworn financial statement, copies of her tax returns, copies of her bank statements for the last year and any other documents supporting her debts or liabilities.
                  Facing more costs:

                  [24] I note Mr. Scrivo’s counsel submission for an order regarding costs of $24,829.63, on a partial indemnity basis, since trial, on the follow up attendances regarding access.

                  [25] I defer this issue to the hearing on September 30, 2013.
                  An addition possibility of $24,829.63 in costs have piled up on top of the already ordered 30,000 costs resulting from trial.

                  Good Luck!
                  Tayken

                  Comment


                  • #24
                    I saw this case yesterday and was thinking myself: "Now wouldn't it be nice to know what happens next, to see if the judge actually follows through with the penalties if Ms. Scrivo does not succeed in defending her position."

                    Comment


                    • #25
                      Originally posted by Exquizique View Post
                      I saw this case yesterday and was thinking myself: "Now wouldn't it be nice to know what happens next, to see if the judge actually follows through with the penalties if Ms. Scrivo does not succeed in defending her position."
                      Well, for those in the thread who doubted the court would do anything, this is the first step to something. We will have to wait until September 30, 2013 to see if Ms. Scrivo purges the contempt sufficiently to satisfy the court.

                      In this matter, I would recommend hours of community service in the event that Ms. Scrivo does not comply with the court's orders. That during the hours for which Ms. Scrivo is to serve her sentance that the child in question shall reside with the other parent.

                      I would also recommend that Ms. Scrivo serve her community service not a soup kitchen or another community based service organization that works directly with adults in need.

                      The community service should be served on consecutive weekends each Sunday and Saturday for 7.5 hours each day. The duration, I am not sure what I would recommend but, it has to be substantial in nature... Possibly 10-15 weeks of service.

                      This as a remedy could be combined with better access between the father and child to rebuild the relationship and as Ms. Scrivo would have to report to her community service placement it would reduce her opportunity to poison the access visits.

                      Good Luck!
                      Tayken

                      Comment


                      • #26
                        Originally posted by Tayken View Post
                        Well, for those in the thread who doubted the court would do anything, this is the first step to something. We will have to wait until September 30, 2013 to see if Ms. Scrivo purges the contempt sufficiently to satisfy the court.
                        Well, I admit i was one of those doubters - and still am. Until the day where i see for my own eyes a written judgement imposing some form of tangible, commensurable penalty for contempt cases such as this, i remain doubtful that those found in contempt will ever get more than a symbolic slap on the wrist. Still, I do agree that this case is by far the most encouraging "first step" for situations of this nature.

                        The end of September is quite some time away and anything can happen between then and now (an appeal? an emergency motion for whatever reason? The world ends from a Godzilla invasion? Ok now i just need lunch ...) ...

                        I'm sure you'll be monitoring for the outcome of this case closely Tayken and thank you in advance for keeping us posted

                        Comment


                        • #27
                          Originally posted by Exquizique View Post
                          Well, I admit i was one of those doubters - and still am. Until the day where i see for my own eyes a written judgement imposing some form of tangible, commensurable penalty for contempt cases such as this, i remain doubtful that those found in contempt will ever get more than a symbolic slap on the wrist.
                          There are some examples in CanLII but, not many. Most of them are resulting from "extreme conduct" more often worthy of a prosecution under the CCC really.

                          Originally posted by Exquizique View Post
                          Still, I do agree that this case is by far the most encouraging "first step" for situations of this nature.
                          Like I always tell people... Contempt is a long process... and expensive. To this point 23,000 in costs have been racked up on a partial indemnity basis by the party having to resolve matters via contempt.

                          Originally posted by Exquizique View Post
                          The end of September is quite some time away and anything can happen between then and now (an appeal? an emergency motion for whatever reason?
                          Well, with an outstanding 30,000 costs award already in place against Ms. Scrivo she will have a hard time with an "emergency" motion for any reason if that costs order hasn't been paid.

                          The matter is now wrapped up in a contempt proceeding... At this point, Ms. Scrivo is wrapped up having to demonstrate that she is purging the contempt as ordered by the court. It would be difficult to bring forward a matter to court unless it was to demonstrate that the contempt has been purged really. The matter is ceased to the justice presiding as well. So not like either party can "shop for a new judge".

                          Originally posted by Exquizique View Post
                          I'm sure you'll be monitoring for the outcome of this case closely Tayken and thank you in advance for keeping us posted
                          No problem. Will post any further postings to CanLII in this matter.

                          Good Luck!
                          Tayken

                          Comment


                          • #28
                            Just came across another recent case on CanLII (Aug 23/13) where the respondent (mother) was found in contempt however the penalty phase is adjourned till Jan 3/14. I know this is an older thread but I thought some of you would like to follow this for its outcome as well.

                            Brown v. Walowski, 2013 ONCJ 473

                            My child support paying days should be coming to an end soon but with my ex's track record I have my doubts she will let it go without a fight. I've been reading up about the contempt issue because in the end that may be my only way out. Thankfully ex has the habit of sending long winded nasty emails and posting on facebook.
                            Cheers.

                            Comment

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