Respondent demonstrated intention to carry out and satisfy order

Ontario civil | Contempt of Court

GROUNDS

Respondent demonstrated intention to carry out and satisfy order

Applicants purchased two new adjoining townhouses. Applicants noticed extensive water penetration at properties and made claim to respondent. Respondent investigated and denied applicant’s claim for water penetration. On appeal, tribunal directed respondent to carry out necessary steps to determine cause of water penetration and to ensure that necessary repairs were completed. Applicants brought motion for order finding respondent in contempt of tribunal’s order. Motion dismissed. Order was clear on its face. However, there was no evidence that respondent willfully and deliberately disobeyed tribunal’s order. Respondent had taken numerous steps to identify cause of water penetration and repair leakage. There was no evidence that showed contempt beyond reasonable doubt. Respondent demonstrated intention to carry out and satisfy order.
Cheng v. Tarrion Warranty Corp. (Mar. 10, 2015, Ont. S.C.J., Carole J. Brown J., File No. CV-14-514780) 252 A.C.W.S. (3d) 699.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights