Bowman v. Bowman, 2010 ONCA 68

CITATION: Bowman v. Bowman, 2010 ONCA 68

DATE: 20100127

DOCKET: C50779

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

[1] With respect to the finding of contempt, we see no error with the motion judge’s analysis or conclusion.

[2] With 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.

[3] With 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.

[4] Accordingly, the appeal is dismissed. Costs to the respondent fixed at $8,500 inclusive of G.S.T. and disbursements.