The appellant challenged a contempt order arising from non-payment of a lump-sum support-related amount ordered in dependant support proceedings under Part V of the Succession Law Reform Act.
The Court of Appeal held that rules 60.05 and 60.11(1) of the Rules of Civil Procedure permit contempt enforcement only for orders requiring an act other than the payment of money, and that this includes support orders.
The court rejected any purported family law exception and held that the Rules displaced any inherent jurisdiction to use contempt for money judgments in proceedings governed by the Rules of Civil Procedure.
The contempt order was set aside and the motion for contempt was dismissed.
