Article

Prior History: Dickie v. Dickie, [2006] O.J. No. 95 (ON. C. A.) [Canada], abstracted at 2007 ANNUAL SURVEY 170.

Note: To assure payment of child and spousal obligations that were in arrears, Kenneth Dickie (Husband), was ordered to provide an irrevocable letter of credit in favor of Leaka Dickie (Wife), in the amount of CAD$150,000 in addition to providing security for costs. When Husband did not obtain the LC, the court found him to be in contempt and sentenced him to forty-five days in jail. Husband appealed. The Ontario appellate court allowed the appeal over objections by Wife, and set aside the finding of contempt on the basis of Canadian Rule of Civil Procedure, Rule 60.11 which "removed the inherent jurisdiction of the court to the use of the contempt power to enforce an order for the payment of money." The Ontario appellate court concluded that both the LC and security costs constituted "payment of money." On appeal by Wife, the Supreme Court of Canada in a per curiam opinion, allowed the appeal, and reversed the decision of the Ontario appellate court, reinstating the trial court order.

The Supreme Court approved of the dissenting opinion of Laskin, J.A., of the Ontario appellate court to the affect that the court had discretion and should exercise it in refusing to hear Husband's appeal until the LC had been posted due to Husband's "continued disobedience with court orders" especially given the welfare of the minors involved. It also ruled that the appeal should have been dismissed since neither the LC nor security costs "amounts to an order for the 'payment of money' within the meaning of 60.11."

[JEB/zrb]

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