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Procedure for contempt motion??

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  • 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!

  • #2
    I don't believe you can file a contempt motion for non-payment of money.

    Check your provincial rules of court for more information.

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    • #3
      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: https://www.e-laws.gov.on.ca/html/re...s_990114_e.htm

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      • #4
        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?

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        • #5
          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.

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