Court of Appeal for Ontario
Before: O’Connor A.C.J.O., Juriansz & Rouleau JJ.A.
Between:
Barbara Marie Brindle
Applicant (Respondent in Appeal)
and
Alan Alexander Kovachis
Respondent (Appellant)
Counsel:
Peter Douglas, for the appellant
Stephen Codas, for the respondent
Heard: October 27, 2009
On appeal from the order of Justice McIsaac of the Superior Court of Justice dated April 23, 2009.
APPEAL BOOK ENDORSEMENT
1The motion judge referred to the proper legal principles upon which to base a finding of contempt. He found that the appellant’s conduct, which admittedly involved a deliberate breach of a court order, met the legal requirements for contempt.
2In our view, in the circumstances of this case, this conclusion was open to him.
3There was no evidence that the respondent did not have clean hands in coming to court with respect to this incident in question.
4Finally, we are not persuaded that the motion judge relied upon information that was not properly before him.
5Accordingly, the appeal is dismissed. Costs to the respondent are fixed in the amount of $5,000, inclusive of GST and disbursements.