Ontario Civil


Contempt Of Court

PUNISHMENT
No jurisdiction to order spouse to reinstate life insurance

Appeal by husband from judgment ordering him to reinstate policy of life insurance and designate his wife as beneficiary. Parties married in 1982, had five children, and separated in 2001 or 2002. Appeal allowed. Judge erred in law by ordering husband to reinstate policy for life insurance. Ordering husband to reinstate policy of insurance was not within judge’s jurisdiction. Section 34(1) of Family Law Act (Ont.), gives jurisdiction to require spouse who has policy to designate beneficiary, but there is no jurisdiction to order spouse to obtain life insurance or reinstate life insurance.

Feinstat v. Feinstat (Sep. 21, 2012, Ont. S.C.J. (Div. Ct.), Matlow, Kiteley and Lederer JJ., File No. DC-11-00331-ML) 220 A.C.W.S. (3d) 383.

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