The moving party father brought a motion to find the responding party mother in contempt of a 2011 British Columbia consent order regarding access and Skype communication with their child.
At the hearing, the court first recognized the BC order under the Children's Law Reform Act.
The court dismissed the contempt motion, holding that the mother could not be found in contempt in Ontario for conduct that occurred before the BC order was recognized as an Ontario order.
Furthermore, the court found that even if jurisdiction existed, the father failed to prove beyond a reasonable doubt that the mother wilfully and deliberately disobeyed the order, as her actions regarding missed access and Skype calls were either misunderstandings or taken in the child's best interests.
