RULING RE CONTEMPT OF COURT MOTION BROUGHT BY THE REGIONAL MUNICIPALITY OF YORK AGAINST MICHAEL SCHMIDT IN THE ONTARIO SUPERIOR COURT OF JUSTICE, NEWMARKET, ONTARIO - JULY 31, 2008
July 31, 2008
In my view on the basis of the record before me there are fundamental facts in dispute. When there are controverted facts relating to matters essential to a decision as to whether a party is in contempt of court, those facts cannot be found by an assessment of the credibility of deponents who have not been seen or heard by the trier of fact. The most appropriate remedy in circumstances such as this is to order a trial of an issue. See Regina v. Jetco Man. Ltd.
Accordingly, I order a trial of the issues raised by the notice of motion. The trial of these issues shall commence on September 10, 2008 at 9:30 a.m. If necessary the trial shall also proceed on September 11, 2008 and September 12, 2008. Costs of today’s date are reserved to the judge hearing the trial of the raised issues.
Superior Justice M. F. Brown J.
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