The applicant brought a contempt motion alleging the respondent failed to comply with a prior court order requiring financial disclosure, including tax returns, notices of assessment, and a financial statement in relation to a motion to change child support.
Although the respondent did not initially comply with the disclosure deadline, he later produced substantial documentation after retaining counsel and made reasonable efforts to obtain records from the Canada Revenue Agency and former accountants.
Applying the three‑part test for contempt requiring proof beyond a reasonable doubt of a deliberate and willful breach of a clear order, the court found the respondent’s conduct did not meet the required standard.
The evidence did not establish a deliberate or persistent refusal to comply.
The contempt motion was therefore dismissed, though the court found the respondent’s delay in disclosure unreasonable and ordered that the applicant be entitled to costs despite the dismissal.
