Valoris pour enfants et adultes de Prescott-Russell c. K.R.

Valoris pour enfants et adultes de Prescott-Russell c. K.R.

The appeal is allowed because the December 19, 2019 order was not sufficiently clear and unambiguous to support a finding of contempt, the evidence did not establish beyond reasonable doubt that K.R. deliberately and voluntarily breached a clear order, and the motion judge did not demonstrate consideration of the...

Source-derived case information.

Citation
2021 ONCA 366
Parties
Respondent: Valoris pour enfants et adultes de Prescott-Russell; Appellant: K.R.; Respondent: A.C.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 June 2021
Procedural Posture
Family / Appeal From Contempt Order
Outcome
Appeal allowed; order declaring K.R. in contempt set aside; contempt motion dismissed
Legal Topics
Contempt of Court, Non Compliance With Court Order, Best Interests of the Child, Supervised Visitation
Source Language
fr
Family Law Contempt of Court Child Welfare Non Compliance With Court Order Best Interests of the Child Supervised Visitation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Valoris pour enfants et adultes de Prescott-Russell

Respondent

K.R.

Appellant

A.C.

Respondent

Procedural Posture

Family / Appeal From Contempt Order

  1. 1 Whether the interlocutory order was sufficiently clear to ground contempt
  2. 2 Whether the respondent had knowledge of the order
  3. 3 Whether the breach was deliberate and voluntary

Ratio Decidendi

The appeal is allowed because the December 19, 2019 order was not sufficiently clear and unambiguous to support a finding of contempt, the evidence did not establish beyond reasonable doubt that K.R. deliberately and voluntarily breached a clear order, and the motion judge did not demonstrate consideration of the child's best interests.

Court Disposition

Appeal allowed; order declaring K.R. in contempt set aside; contempt motion dismissed

Orders

  • Appeal allowed
  • Order of the motion judge dated 14 October 2020 declaring K.R. in contempt of court is set aside