Evidence justified finding of contempt beyond reasonable doubt

Ontario civil | Contempt of Court

APPEAL

Evidence justified finding of contempt beyond reasonable doubt

Parties had five-year-old daughter. Father brought contempt motion alleging mother failed to comply with terms of temporary access order. Motion judge found mother in contempt and ordered she pay fine of $5,000 plus costs of $10,000 to be set off against child support arrears. Mother’s appeal was dismissed. Mother again appealed finding of contempt. Appeal dismissed. Access order clearly and unequivocally set out dates and time of access visits. Order provided sufficient clarity for mother to understand allegations giving rise to contempt motion. Evidence justified motion judge’s finding of contempt beyond reasonable doubt. Appeal judge did not err in finding that penalty imposed by motion judge was modest in circumstances. While decision to set-off costs was unusual, order was made with child’s best interests in mind. Motion judge did not err in not bifurcating liability and penalty phases of contempt motion.
Rego v. Santos (Jul. 21, 2015, Ont. C.A., Alexandra Hoy A.C.J.O., Gloria Epstein J.A., and Grant Huscroft J.A., File No. CA C58282) 256 A.C.W.S. (3d) 79.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident