Does a motion judge have considered the best interests of the parties in the context of a finding of contempt over access to children?

Ontario, Canada

The following excerpt is from Chong v. Donnelly, 2019 ONCA 799 (CanLII):

Nor does it appear that the motion judge considered the best interests of the children, which this court has stated is the “paramount consideration” when the issue raised in the contempt motion concerns access to children: Ruffolo v. David, 2019 ONCA 385, 25 R.F.L. (8th) 144, at para. 19. As this court stated in Ruffolo, it is in the best interests of the children to encourage professional assistance as an alternative to making a finding of contempt too readily. Indeed, here, the motion judge herself encouraged the parties to continue working with a family mediator.

Other Questions

What is the discretionary power of a judge hearing a contempt motion to decline to impose a finding where it would work an injustice in the circumstances of the case? (Ontario, Canada)
In what circumstances will the court consider a motion for certification under s.5(1) of the Criminal Prosecution Service Act, s.6(2) and s.7(3) in the context of a class or two or more people seeking access to justice? (Ontario, Canada)
In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident? (Ontario, Canada)
What is the test for malice in the context of the defence against the Motion Judge’s finding that malice may undermine the defence? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)
What are the factors that a judge should consider in determining whether or not a party has complied with a financial disclosure motion? (Ontario, Canada)
When will a motion judge consider whether to grant access to a person with mobility issues on an interim or temporary basis? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
What is the test for a motion judge to decline to make a finding of contempt? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.