10.52: Declaration of civil contempt
10.53: Punishment for civil contempt of Court

Case Summary

The Parties to this Action were ex-spouses who were unable to agree on a specified exchange time of their children. The father alleged that the mother had breached two prior parenting Orders issued by the Court. Arcand-Kootenay J. referred to Rules 10.52(3) and 10.53 regarding Contempt of Court and the punishment for Contempt of Court, respectively. Arcand-Kootenay J. stated that the mother must comply with Court’s prior Orders, but found that there was insufficient evidence justifying non-compliance. In particular, the evidence before the Court was only in the form of Affidavit evidence, and in the nature of he said/she said allegations. The Court could not make any findings regarding credibility or reliability, and found that there could have been valid reasons for the appearance of non-compliance. Accordingly, the wife was not in Contempt of Court.

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