FITZPATRICK v FITZPATRICK, 2022 ABKB 862
10.52: Declaration of civil contempt
10.53: Punishment for civil contempt of Court
The Applicant sought an Order to have the Respondent found in Contempt of Court for failure to comply with a previously granted Order pursuant to Rules 10.52 and 10.53.
The Respondent had failed to take steps required under the previously granted Order in relation to the sale of matrimonial property in a divorce proceeding. Justice Harris considered the law surrounding Rules 10.52 and 10.53 along with each provision of the previously granted Order. Considering the Respondent’s conduct, Justice Harris concluded that the Respondent had not only failed to cooperate with specific actions related to the sale of the matrimonial property but had further intentionally taken steps to avoid compliance with the previously granted Order.
Justice Harris also considered an allegation that the Respondent’s family had assisted in the Contempt. Justice Harris noted that there was insufficient evidence to support this allegation beyond a reasonable doubt. Ultimately, Justice Harris held the Respondent in Contempt of the previously granted Order.View CanLII Details