The defendants brought a motion seeking an order requiring the plaintiff to return funds withdrawn from a joint bank account and a declaration that the plaintiff was in contempt of a prior court order governing the use of powers of attorney.
The plaintiff had withdrawn approximately $45,000 from a joint account held with her mother and reinvested the funds in a GIC in her own name, asserting she acted in her personal capacity to safeguard her mother’s assets.
The court held that the earlier order governing powers of attorney did not clearly or unequivocally prohibit the plaintiff’s actions.
Applying the established three-part test for civil contempt, the court found that the defendants failed to prove beyond a reasonable doubt that the plaintiff breached a clear order or acted wilfully in contempt.
The motion seeking the return of funds and a contempt finding was dismissed, and the funds were ordered to remain in the current account pending further court order.
