Court of Appeal for Ontario

Citation: Brindle v. Kovachis, 2009 ONCA 752

Date: 2009-10-28

Docket: C50471

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

[1] The 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.

[2] In our view, in the circumstances of this case, this conclusion was open to him.

[3] There was no evidence that the respondent did not have clean hands in coming to court with respect to this incident in question.

[4] Finally, we are not persuaded that the motion judge relied upon information that was not properly before him.

[5] Accordingly, the appeal is dismissed. Costs to the respondent are fixed in the amount of $5,000, inclusive of GST and disbursements.