David M. Midanik

The appellant appealed an order finding him in civil contempt and sentencing him to 42 days in jail and a $40,000 fine for refusing to answer questions during an examination in aid of execution.

The Court of Appeal dismissed the appeal, finding that the motion judge did not err in refusing an adjournment, that the appellant knew which answers were inadequate, and that continued disobedience of court orders justifies incremental penal sanctions.

The sentence was upheld as reasonable given the appellant's repeated and flagrant disregard for the court's authority.

The appellant appealed the dismissal of her application for a declaration that a release in a settlement agreement with her former employer did not bar her claim for long-term disability benefits against the insurer.

She argued the release violated the Employment Standards Act by effectively waiving her right to benefit coverage during the statutory notice period.

The Court of Appeal dismissed the appeal, finding that the employer had maintained coverage as required by the Act, and the appellant was free to compromise her claim for benefits.

The Court also upheld the finding that the insurer, as a third-party beneficiary, could enforce the release.

The appellant appealed his conviction for possession of a restricted firearm with ammunition, arguing that the verdict was unreasonable.

The Court of Appeal dismissed the appeal, finding that the trial judge's inference that the appellant knew there was a gun in the car he was driving was logically consistent and reasonably supported by the totality of the evidence, including the time of day, the presence of latex gloves, and the fact that the gun was not hidden.