NG v FLORENCE, 2014 ABQB 531


9.2: Preparation of judgments and orders
10.52: Declaration of civil contempt

Case Summary

The Plaintiff previously applied for and obtained an Order to distribute the proceeds of the sale of property equally between herself and the Defendant as co-owners. The Plaintiff then sought a declaration of civil contempt and an accounting when the Defendant did not comply with the Order. The Defendant applied to dismiss the Applications for contempt and accounting. Justice Veit dismissed the Application for civil contempt since the Plaintiff had failed to provide the proposed form of Order to the Defendant for review for the requisite 10 days pursuant to Rule 9.2(2)(c). Further, the form of Order that was filed did not accord with the Chambers Judge’s Order. The Plaintiff’s Application for accounting was also dismissed because the home had already been sold and an accounting was required prior to the sale.

View CanLII Details