MARRIAGE - Contempt - What constitutes - Of final orders

Law360 Canada (March 2, 2023, 6:23 AM EST) -- Appeal by the father from the order dismissing his motion for contempt against the mother. The father submitted that the motion judge erred in law in dismissing the motion and that he materially misapprehended the evidence. The father further submitted that the motion judge failed to conduct the hearing in a procedurally fair manner. The father sought to appeal the costs order dated February 3, 2022 awarding the mother full indemnity costs. The father and the mother were married from 1997 to 2019. The Final Order resolved all issues between the parties. The father brought a motion for contempt against the mother alleging that she repeatedly violated various terms of the Final Order. The motion judge dismissed the father’s contempt motion without requiring the mother to call evidence. At the hearing, the motion judge ruled that even taking everything to which the father deposed to as true, the father had not made out a case for contempt....
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