Tuesday, July 16, 2013

An order dismissing a motion for contempt is interlocutory

Simmonds v. Simmonds, 2013 ONCA 479:

[3]           The appellant relies on Pimiskern v. Brophey, 2013 O.J. No. 505 to argue that an order dismissing a motion for contempt is a final order. 

[4]          The respondent concedes that an order finding contempt is a final order but argues that because the motion judge dismissed the motion for contempt, the motion judge's order is interlocutory and not binding on the trial judge, and that an appeal accordingly does not lie to this court.

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