Ontario Criminal

Contempt Of Court

Mother’s denial of access completely without merit

Motion by father for order finding mother to be in contempt of court. Parties had two children and separated. Minutes of Settlement provided that parties share joint-custody, that children live primarily with mother and that father have specified access to children. Father alleged that mother was in breach of terms of access. Mother did not appear at hearing. Motion granted. Mother denied father access to children from 2008 to present, contrary to judgment. Mother breached terms of judgment by failing to advise father of children’s addresses; failing to provide telephone access to the children; failing to consult and advise father as to change of schooling for children; failing to provide children’s report cards; and failing to advise father about child’s autism diagnosis. Mother’s denial of access was completely without merit.

Mitchell v. Landriault

(Aug. 11, 2011, Ont. S.C.J., Pierce J., File No. FS 35/00) 96 W.C.B. (2d) 206 (11 pp.).

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

Lawyers say that the federal justice minister’s response to recommendations by a House of Commons committee on how to improve legal aid in Canada is disappointing. Is more funding needed beyond what was promised in the recent federal budget?