IN THE FAMILY COURT OF NOVA SCOTIA
Citation: Nova Scotia (Maintenance Enforcement) v. Circuits Your Home & Car Entertainment Center Ltd., 2008 NSFC 5
Date:20080213
Docket:SDY051481
Registry: Yarmouth
Between:
Director of Maintenance Enforcement
Applicant
V.
Circuits Your Home & Car Entertainment Center Limited
and
Stanley LeBlanc
Respondent
LIBRARY HEADING
Judge: The Honourable John D. Comeau, Chief Judge of the Family Court for the
Province of Nova Scotia
Heard: October 3, 2007, and November 28, 2007
In Yarmouth, Nova Scotia
Decision Date: February 13, 2008
Subject: Maintenance Enforcement Act S24
Income source’s responsibility with respect to garnishment of
Payor’s salary.
Issue : Contempt of Court. Jurisdiction of Family Court to cite for contempt not in its presence.
Summary: The Court determined the corporation was an income source for the payor and on failing to appear, ordered the Corporation and it’s director personally to pay sums of money due for child support. Both respondents failed to appear or pay after proper notice.
Result: The Family Court as a Statutory Court has jurisdiction to cite for contempt not in its presence if provided for in a statute. Section 24 of the ME Act grants that jurisdiction. The Respondents were given a court date to purge their contempt. Failure to appear would result in the Sheriff arresting the corporate director and bringing him before the Court.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.