The moving party requested that his 45-day sentence of imprisonment for contempt, which had been varied by the Court of Appeal, be served intermittently on weekends.
The moving party argued for a flexible approach to the doctrine of functus officio.
The court dismissed the request, finding that it was functus officio and had no jurisdiction to vary the sentence.
The court noted that the moving party had the opportunity to make submissions on an intermittent sentence during the original hearing and before the Court of Appeal.
