Dion v. Roy, 2014 NBCA 19

• Judge: Deschênes, Richard and Quigg, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: March 26, 2014
• Jurisdiction: New Brunswick
• Citations: 2014 NBCA 19;(2014), 418 N.B.R.(2d) 267 (CA)

Dion v. Roy (2014), 418 N.B.R.(2d) 267 (CA);

    418 R.N.-B.(2e) 267; 1087 A.P.R. 267

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Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2014] N.B.R.(2d) TBEd. MY.034

Renvoi temp.: [2014] N.B.R.(2d) TBEd. MY.034

Roseline Roy (appellant) v. Pierre Dion (respondent)

(130-13-CA; 2014 NBCA 19)

Indexed As: Dion v. Roy

Répertorié: Dion v. Roy

New Brunswick Court of Appeal

Deschênes, Richard and Quigg, JJ.A.

March 26, 2014.

Summary:

Résumé:

The husband applied for marital property relief that included the sale of the home jointly owned by him and his former common law wife. He moved for interlocutory relief that included the immediate listing for sale of that home with a particular real estate agent.

The New Brunswick Court of Queen's Bench, Family Division, in a decision not reported in this series of reports, allowed the motion. The wife appealed, with leave.

The New Brunswick Court of Appeal, in a decision reported at 388 N.B.R.(2d) 66; 1006 A.P.R. 66, allowed the appeal and ordered a new hearing on the motion.

The New Brunswick Court of Queen's Bench, Family Division, in a decision reported at 405 N.B.R.(2d) 151; 1050 A.P.R. 151, determined the issues. The husband moved to have the wife cited in contempt.

The New Brunswick Court of Queen's Bench, Family Division, in a decision not reported in this series of reports, allowed the motion. The wife appealed.

The New Brunswick Court of Appeal allowed the appeal.

Contempt - Topic 683

What constitutes contempt - Judgments and orders - Requirement of clear and unambiguous order - In a family law proceeding, the trial judge ordered that the matrimonial home be listed for sale once the wife had received the financial statements for the husband's company - Following receipt of the financial statements, the wife would have 30 days to purchase the husband's interest in the home - If the wife had not purchased the husband's interest by August 8, 2013, the house would be listed for sale - The husband did not provide the financial statements within 30 days as required by the order - In fact, he only proved the financial information on August 7, 2013 - In the interim, the wife brought a motion seeking compliance with the order and an abridgment of time and specifically sought an amendment of the date by which the house was ordered to be listed for sale - She did not list the house for sale on August 8, 2013 - The husband moved to have the wife cited in contempt - A motion judge allowed the motion - The New Brunswick Court of Appeal allowed the appeal - The order was ambiguous - It followed that the wife could not have been in contempt of it - Her proactive motion to have the matter clarified, and the deadline extended, when she did not receive the financial information, was evidence of her interpretation that she would have 30 days following the receipt of the information to determine whether to buy out the husband's share - Such an interpretation of the order was reasonable in the circumstances.

Outrage - Cote 683

Éléments constitutifs de l'outrage - Jugements et ordonnances - Clarté et précision exigées - [Voir Contempt - Topic 683 ].

Cases Noticed:

New Brunswick (Minister of Health and Community Services) v. S.L. et al. (1998), 200 N.B.R.(2d) 127; 512 A.P.R. 127 (C.A.), refd to. [para. 7].

Counsel:

Avocats:

G. Robert Basque, Q.C., for the appellant;

Renée Line Blanchard, for the respondent.

This appeal was heard and decided on March 26, 2014, by Deschênes, Richard and Quigg, JJ.A., of the New Brunswick Court of Appeal. The following written reasons for judgment were delivered by the court, in both official languages, on May 15, 2014.