Court of Appeal for Ontario

Date: 2004-02-02

Docket: C40567

Re: Lenia Goreti Pinho Mancini (Petitioner (Appellant)) – and – John Mancini (Respondent (Respondent))

Before: Feldman, MacPherson and Cronk JJ.A.

Counsel: Suzanne L. Hillier for the appellant Susan W. Garfin for the respondent

Heard & Endorsed: January 29, 2004

On appeal from the order of Justice Lorna-Lee Snowie of the Superior Court of Justice dated August 5, 2003.

Appeal Book Endorsement

[1] The appellant appeals the order of Snowie J. finding her in contempt of three court orders regarding access by the husband to the infant child. We would allow the appeal. In our view, where the record contains significant conflicting evidence and when in the four weeks before the hearing access had been properly provided, no finding of contempt could be made beyond a reasonable doubt without the trial of an issue, after taking into account the purging of the alleged contempt by the recent compliance.

[2] We note that the trial of the custody and access matters are to be heard in the week of April 19, 2004. Although counsel may proceed with this contempt matter at that time, they may feel it is more appropriate to focus on the custody and access issues.

[3] No costs.

Signed: K. Feldman J.A.