Andrew Haber

The appellant appealed a trial judgment finding him in civil contempt for breaching a Mareva injunction and sentencing him to 90 days' incarceration, as well as orders for equalization and support.

The appellant argued the contempt proceedings were procedurally unfair and the sentence was disproportionate.

The Court of Appeal dismissed the appeal, finding the trial judge provided adequate assistance to the self-represented appellant, correctly applied the test for civil contempt, and reasonably imposed a custodial sentence given the appellant's chronic non-disclosure, deliberate obfuscation, and flagrant disregard for court orders over 15 years of family litigation.

The respondent requested an order dismissing the applicant's age discrimination application for delay.

The application alleged four discriminatory incidents, including a 2008 demotion, denial of performance bonuses since 2008, denial of a cost of living increase in 2014, and reduction of job duties in 2014.

The Tribunal found that the 2014 incidents were timely.

The ongoing denial of performance bonuses was left for evidence at the hearing to determine if it constituted a series of incidents.

However, the 2008 demotion allegation was dismissed for delay, as it lacked a sufficient nexus to the timely allegations and the applicant provided no good faith explanation for the delay.