KOCH v KOCH, 2017 ABCA 310

paperny, wakeling and greckol jJA

10.52: Declaration of civil contempt

Case Summary

The Defendant, Mr. Koch was held in civil contempt for failing to comply with a Court Order. The Order required Mr. Koch to deposit proceeds of the sale of a property formerly owned by him and his spouse into a trust account for the purpose of division of matrimonial property. Mr. Koch instead deposited the money into his personal account and used it for his own purposes. Mr. Koch appealed the contempt Order.

The Court of Appeal referred to Rule 10.52 and noted that Mr. Koch had admitted that service of the contempt Order, as required by Rule 10.52(1), was not in issue. The issues were whether the Case Management Judge had erred in exercising the Court’s discretion to find that contempt was proven beyond a reasonable doubt. In the result, the Court of Appeal held that the Case Management Judge had correctly considered the test for contempt and did not err in the exercise of discretion. The Appeal was therefore dismissed.

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