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  • Motion for Contempt

    Motion for Contempt.
    Is it common when the other party won't disclose their NOA and tax documents?
    Can more than the items clearly in contempt be asked for?

    How does one lose on costs in a Motion for Contempt?

  • #2
    Do a search on contempt in this forum. The results will show that contempt is barely ever given and hard to prove. For non-disclosure you could simply move to impute income or move forward without their input.

    Comment


    • #3
      I did a search. Then I did another one.
      I saw many of your comments.
      I didn't find any posts related to failed contempt of motion for non-disclosure.
      Worst I found was the person not getting the contempt but getting progress on the disclosure and not suffering costs unless they hired a lawyer to do it.

      Comment


      • #4
        Originally posted by terryfyde View Post
        I did a search. Then I did another one.
        I saw many of your comments.
        I didn't find any posts related to failed contempt of motion for non-disclosure.
        Worst I found was the person not getting the contempt but getting progress on the disclosure and not suffering costs unless they hired a lawyer to do it.

        Exactly, no one has won a contempt motion for disclosure. If they missed the deadline to disclose, press on with your file and request imputation of income or to move forward without their response.

        Comment


        • #5
          You can serve a form 20
          Give 20 days to reply

          Attach to an affidavit that articulates why those items are needed for disclosure

          I don’t know your details (payor/recipient/interim/final order) but that’s what I do, support related then yes impute

          Comment


          • #6
            Originally posted by rockscan View Post
            Exactly, no one has won a contempt motion for disclosure. If they missed the deadline to disclose, press on with your file and request imputation of income or to move forward without their response.
            You misunderstand, likely the double negative. I found people being found guilty of contempt for not disclosing.
            https://www.canlii.org/w/canlii/2019CanLIIDocs3921.pdf




            Originally posted by Kkc View Post
            You can serve a form 20
            Give 20 days to reply

            Attach to an affidavit that articulates why those items are needed for disclosure

            I don’t know your details (payor/recipient/interim/final order) but that’s what I do, support related then yes impute
            I can do that. Did your court order state that disclosure was to be given?

            Comment


            • #7
              It has been 4 years and this is not done because ex is stalling and dragging feet. Basic disclosure for a recipient being bank and cc records, income tax filings etc...she refuses to disclose it

              its usually the self employed payor who doesnt disclose...rather it is the person who has something to hide



              Originally posted by terryfyde View Post
              You misunderstand, likely the double negative. I found people being found guilty of contempt for not disclosing.
              https://www.canlii.org/w/canlii/2019CanLIIDocs3921.pdf





              I can do that. Did your court order state that disclosure was to be given?

              Comment


              • #8
                The final order was done on consent and stated we

                will provide the documents required in s21(1) of the Guidelines that have not previously been provided and any other information needed to review child support
                I thought this meant that if we did not we were in contempt of the court order. No Form 20 needed, a judge ordered it, that is how I understood, did I understand wrong?

                Does the order wording need changed?

                Comment


                • #9
                  Contempt for financial disclosure is rare. Usually people ask for their materials to be struck and a penalty to be applied. But, rarely done and only time I have seen it is when we are talking about 7 figure earners.

                  Contempt is quasi criminal. You have to prove your case not on the balance of probabilities. It is done on the "beyond reasonable doubt" as the qualifier for the evidence. So many contempt motions fail.

                  As well, one of the penalties of contempt is going to jail as a possibility. So judges don't play with contempt and only allow them to move forward on real evidence.

                  Comment


                  • #10
                    thank you. I agree with you that it is rare because if it was not then there would not be all these people refusing to give disclosure and the head justice would not be telling lawyers during COVID to stop playing by not disclosing.


                    I have to start somewhere.

                    If I bring a motion for contempt and the other party still didn't disclose by the motion date how rare is it that costs would be awarded against me if I could not make the high bar to prove contempt?

                    Comment


                    • #11
                      Originally posted by terryfyde View Post
                      If I bring a motion for contempt and the other party still didn't disclose by the motion date how rare is it that costs would be awarded against me if I could not make the high bar to prove contempt?
                      100% you will pay costs.

                      Get a lawyer.

                      Comment


                      • #12
                        So I will wait for the Form 20s and other court dates and the judge to decide how to proceed and let normal process resolve things.





                        Thank you.

                        Comment

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