Bowman v. Bowman, 2010 ONCA 68
COURT OF APPEAL FOR ONTARIO
Moldaver, MacPherson and LaForme JJ.A.
BETWEEN:
Sharon Ethel Bowman
Applicant (Respondent in Appeal)
And
Lloyd Wayne Bowman
Respondent (Appellant)
Counsel:
Daniel W. Veinot, for the appellant
Diane J. LaRoque, for the respondent
Heard and endorsed: January 26, 2010
On appeal from the order of Justice Cheryl Lafreniere of the Superior Court of Justice dated July 22, 2009.
APPEAL BOOK ENDORSEMENT
1With respect to the finding of contempt, we see no error with the motion judge’s analysis or conclusion.
2With respect to sentence, we are satisfied that the appellant was treated fairly. He was given the opportunity to purge his contempt and he chose not to do so.
3With respect to the custodial sentence of six months, given the lengthy history of the appellant’s concerted attempts to hide his assets from the respondent and the motion judge’s clear finding that the appellant’s contempt was “blatant” and designed to ensure that the RRSP’s were not available for spousal support, we cannot say that this component of the sentence was unduly harsh. In addition, the further order striking the appellant’s variation proceedings was in our view fair, given the history of the appellant’s conduct.
4Accordingly, the appeal is dismissed. Costs to the respondent fixed at $8,500 inclusive of G.S.T. and disbursements.
