Kopaniak v. MacLellan, (2002) 159 O.A.C. 37 (CA)

JudgeFinlayson, Laskin and MacPherson, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateMarch 13, 2002
JurisdictionOntario
Citations(2002), 159 O.A.C. 37 (CA)

Kopaniak v. MacLellan (2002), 159 O.A.C. 37 (CA)

MLB headnote and full text

Temp. Cite: [2002] O.A.C. TBEd. AP.081

Malgorzata Marie Kopaniak also known as Marguerite Kopaniak (respondent) v. Peter Roderick MacLellan (appellant)

(C34784)

Indexed As: Kopaniak v. MacLellan

Ontario Court of Appeal

Finlayson, Laskin and MacPherson, JJ.A.

April 29, 2002.

Summary:

A couple were granted a divorce in August 1996. By October 1996, the father had declared bankruptcy, married his former matrimonial lawyer and moved to Bermuda, taking the daughter with him. He was ordered to return the daughter to Ontario forthwith. He ignored this and several other court orders, and was found to be in contempt. The sentencing hearing was adjourned until the father returned to Ontario. In 1999, the father unsuccessfully moved to have the court orders set aside. In 2000, he returned to Ontario and was arrested. After 17 days in jail, he arranged for the daughter to be returned to Ontario. The father was given a conditional suspended sentence in July 2000. He appealed both the finding of contempt and the sentence. The mother cross-appealed some of the financial components of the sentence.

The Ontario Court of Appeal dismissed the appeal and cross-appeal.

Editor's note: For prior decisions involving these parties, see [2000] O.T.C. 447 and [1997] O.T.C. Uned 48.

Contempt - Topic 5003

Practice - General principles - Procedural rules applicable - A couple divorced in August 1996 - The father remarried and moved to Bermuda, taking the daughter with him - He was ordered to return her to Ontario - He ignored this and several other court orders, and was held in contempt in 1996 and 1997 - The sentencing hearing was adjourned until the father returned - In 2000, he returned and was arrested - The father was given a conditional suspended sentence in July 2000 - He appealed both the findings of contempt and the sentence - The mother argued the 1996 and 1997 contempt orders could not be appealed because the notice of appeal was served beyond the 30 day period in rule 61.04(1(b) - The father responded that the appeal was brought well within the time required by the Criminal Appeal Rules - The Ontario Court of Appeal rejected the father's argument - The Criminal Appeal Rules had no application to this appeal - See paragraphs 22 to 34.

Contempt - Topic 6021

Appeals - Right of appeal - General - [See Contempt - Topic 5003 ].

Family Law - Topic 2175

Custody and access - Enforcement of orders - Contempt proceedings - [See Contempt - Topic 5003 ].

Authors and Works Noticed:

Borrie and Lowe, The Law of Contempt (3rd Ed. 1996), pp. 655 to 656 [para. 28].

Greenspan, Edward, and Rosenberg, Marc, Martin's Ontario Criminal Practice (2002), p. AR/30 [para. 26].

Miller, Jeffrey, The Law of Contempt in Canada (1997), pp. 13 to 17 [para. 28].

Counsel:

Malcolm Kronby, for the respondent;

Gerald Sadvari, for the appellant.

This appeal and cross-appeal were heard on March 13, 2002, by Finlayson, Laskin and MacPherson, JJ.A., of the Ontario Court of Appeal. MacPherson, J.A., delivered the following decision for the court, which was released on April 29, 2002.

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7 practice notes
  • Court Of Appeal Summaries (October 17 ' 21, 2022)
    • Canada
    • Mondaq Canada
    • October 25, 2022
    ...General), [1994] 1 S.C.R. 311, Chiang (Trustee of) v. Chiang, 2007 ONCA 529, R. v. Oland, 2017 SCC 17, Kopaniak v. MacLellan (2002), 159 O.A.C. 37 (C.A.), DM v. WS, 2019 ABCA 422, R. v. Hassan, 2017 ONCA 1008, R. v. Bissonnette, 2022 SCC 23, Master Linda S. Abrams et al., Halsbury's Laws of......
  • Carroll v. Richardson, 2013 NSSC 187
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • June 10, 2013
    ...(the father's alcohol consumption and the child's reluctance to spend time with her father). Cases Noticed: Kopaniak v. MacLellan (2002), 159 O.A.C. 37; 2002 CanLII 44919 (C.A.), refd to. [para. Rogers v. Rogers (2008), 227 Man.R.(2d) 118; 2008 MBQB 131, refd to. [para. 26]. Authors and Wor......
  • Caja Paraguyaya De Jubilaciones Y Pensiones Del Personal De Itaipu Binacional v. Obregon, 2022 ONCA 724
    • Canada
    • Court of Appeal (Ontario)
    • October 19, 2022
    ...of a person serving a sentence for civil contempt is a stay of that civil order. As this court confirmed in Kopaniak v. MacLellan (2002), 159 O.A.C. 37 (C.A.), at para. 27, leave to appeal refused, [2002] S.C.C.A. No. 263, the Rules of Civil Procedure govern civil contempt [18] &#......
  • Kovacs v. TD Financial Group et al., 2010 ONSC 6111
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • September 30, 2010
    ...42 to 44. Cases Noticed: Solosky v. Canada, [1980] 1 S.C.R. 821; 30 N.R. 380, refd to. [para. 20, footnote 1]. Kopaniak v. MacLellan (2002), 159 O.A.C. 37; 212 D.L.R.(4th) 309 (C.A.), dist. [para. 22, footnote 2]. Forrest v. Lacroix Estate (2000), 133 O.A.C. 25; 48 O.R.(3d) 619 (C.A.), dist......
  • Request a trial to view additional results
6 cases
  • Caja Paraguyaya De Jubilaciones Y Pensiones Del Personal De Itaipu Binacional v. Obregon, 2022 ONCA 724
    • Canada
    • Court of Appeal (Ontario)
    • October 19, 2022
    ...of a person serving a sentence for civil contempt is a stay of that civil order. As this court confirmed in Kopaniak v. MacLellan (2002), 159 O.A.C. 37 (C.A.), at para. 27, leave to appeal refused, [2002] S.C.C.A. No. 263, the Rules of Civil Procedure govern civil contempt [18] &#......
  • Carroll v. Richardson, 2013 NSSC 187
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • June 10, 2013
    ...(the father's alcohol consumption and the child's reluctance to spend time with her father). Cases Noticed: Kopaniak v. MacLellan (2002), 159 O.A.C. 37; 2002 CanLII 44919 (C.A.), refd to. [para. Rogers v. Rogers (2008), 227 Man.R.(2d) 118; 2008 MBQB 131, refd to. [para. 26]. Authors and Wor......
  • Kovacs v. TD Financial Group et al., 2010 ONSC 6111
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • September 30, 2010
    ...42 to 44. Cases Noticed: Solosky v. Canada, [1980] 1 S.C.R. 821; 30 N.R. 380, refd to. [para. 20, footnote 1]. Kopaniak v. MacLellan (2002), 159 O.A.C. 37; 212 D.L.R.(4th) 309 (C.A.), dist. [para. 22, footnote 2]. Forrest v. Lacroix Estate (2000), 133 O.A.C. 25; 48 O.R.(3d) 619 (C.A.), dist......
  • Rea v. Rea, 2019 ONSC 551
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 22, 2019
    ...[15] Kopianiak v. MacLellan, 2002 CarswellOnt 1309, [2002] W.D.F.L. 229, [2002] O.J. No. 1642, [2002] O.T.C. 489, 113 A.C.W.S. (3d) 559, 159 O.A.C. 37, 212 D.L.R. (4th) 309, 21 C.P.C. (5th) 20, 27 R.F.L. (5th) 97 at para. [16] Rea, supra note 2, at para. 7. [17] On December 19, 2017 Kaufman......
  • Request a trial to view additional results
1 firm's commentaries
  • Court Of Appeal Summaries (October 17 ' 21, 2022)
    • Canada
    • Mondaq Canada
    • October 25, 2022
    ...General), [1994] 1 S.C.R. 311, Chiang (Trustee of) v. Chiang, 2007 ONCA 529, R. v. Oland, 2017 SCC 17, Kopaniak v. MacLellan (2002), 159 O.A.C. 37 (C.A.), DM v. WS, 2019 ABCA 422, R. v. Hassan, 2017 ONCA 1008, R. v. Bissonnette, 2022 SCC 23, Master Linda S. Abrams et al., Halsbury's Laws of......

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