On a contempt motion arising from long-running estate litigation, the court held that the respondent was in contempt of a final settlement order by commencing New York litigation seeking relief duplicative of, and inconsistent with, matters reserved to the Ontario case-management judge.
Applying the civil contempt test, the court found the prior order, read in its full context and spirit, clearly required further formal orders flowing from the minutes of settlement to be remitted to the same judge.
The respondent deliberately commenced the foreign proceeding, and reliance on incorrect legal advice was no defence to liability, though potentially relevant to penalty.
Other alleged acts of obstruction and non-compliance were left unresolved because credibility findings would require viva voce evidence.
