Supreme Court

Decision Information

Decision Content

 

SUPREME COURT OF NOVA SCOTIA

(Family Division)

Citation: Johnson v. Johnson, 2013 NSSC 181

 

Date: 20130613

Docket: 1201-059695

Registry: Halifax

 

Between:

 

Michael Kenneth Johnson

Petitioner

and

 

Patricia Elizabeth Johnson

Respondent

LIBRARY HEADING

Judge:                               The Honourable Associate Chief Justice Lawrence I. ONeil

 

Hearing:                                                      February 18th, 2013

 

Issues:                    Whether the Court has jurisdiction to consider the application for contempt.

 

Summary:                                                   The Court concluded that given the application was for the payment of money, it did not have jurisdiction to consider the application.  The Court identified alternatives that would grant it jurisdiction and alternatives to the contempt proceeding itself, which proceeding provided a potential remedy should blameworthy conduct or an omission be found.

 

Keywords:                                 Contempt; jurisdiction                                      

 

Legislation:                            R. 89.01

 

Cases Considered:                  MacLellan v. Giovannetti, 2012 NSSC 212

Godin v. Godin, 2012 NSCA 54

McMillan v. McMillan, 2012 NBQB 195

 

 

 

 

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