March 4, 2021 – Refraining Orders

“However, the court has no jurisdiction to make a refraining order where Mr. Sherwood has received a Final Notice, as opposed to a First Notice.  Under section 35 of the Family Responsibility and Support Arrears Enforcement ActS.O., 1996, c. 31, as amended, a payor may make a motion for a refraining order when served with a First Notice. Under section 35(10), a court may make a refraining order only before the 30-day period if the First Notice expires. There is no provision for the court making a refraining order after that 30-day period.”

         Young v. Sherwood, 2020 ONSC 2038 (CanLII) at 10