Barbara J. Puckering

The respondent in the underlying family proceeding sought a declaration that a costs sanction imposed for civil contempt had been extinguished by her discharge from bankruptcy.

The sanction arose from repeated breaches of court-ordered access involving the parties’ child.

The court held that it had jurisdiction to determine whether the debt survived bankruptcy.

Applying s.178 of the Bankruptcy and Insolvency Act, the court found the costs award constituted a sanction similar to a fine or penalty imposed for an offence and therefore survived bankruptcy.

The court also rejected the argument that the debt had been satisfied through alleged set-off for childcare, airfare expenses, or matrimonial property proceeds.

The appellant mother appealed a trial judgment that granted custody of her child to the respondent father and found her in contempt.

The trial judge had proceeded with the trial in the appellant's absence after she failed to attend a scheduled mini pre-trial, and refused her counsel's requests for an adjournment.

The Court of Appeal held that the trial judge denied the appellant procedural fairness and the right to be heard.

The appeal was allowed and a new trial was ordered on the issues of custody and contempt, conditional on the appellant paying the respondent's costs thrown away.

The appellant appealed a trial judgment regarding the beneficial ownership of a Florida property gifted by the respondent's father.

The trial judge had concluded the gift was intended only for the respondent.

The Court of Appeal allowed the appeal, finding the trial judge failed to properly analyze the donor's intention at the time the gift was made, which evidence showed was transferred to both parties for tax advantages.

The judgment was varied to reflect that the gift was to both parties, and trial costs were adjusted.