February 20, 2025 – Contempt

“For the court; when faced with a Contempt Motion, I must first find that certain elements must be proven beyond a reasonable doubt.  The order must be clear and unequivocal; the party disobeying the order must do so deliberately and wilfully; and the breach must be proven beyond a reasonable doubt. (because this is a quasi-criminal proceeding). (Vigneault v. Massey, 2014 ONCA 244).  Additionally, the Ontario Court of Appeal has made it clear that motion judges should make findings of contempt cautiously and with great restraint especially where the main issues to be decided concern access to children because the best interest of the children should be the paramount consideration. (Ruffolo v. David, 2019 ONCA 385, 25 R.F.L. (8th) 144).”

            Youngman v. Dobney, 2020 ONSC 1292 (CanLII) at 15

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