Applicant
Respondent
- Parties: The applicant was Jonathan Welch. The respondent was Jeremy Welch.
- Subject Matter: The parties were brothers. On Feb. 24, 2017, their father provided the respondent with a power of attorney (POA). On June 10, 2021, the father was declared to be no longer competent. A consent order dated Feb. 10, 2023 required the respondent to provide an accounting of his use of the POA. Under an Oct. 18, 2023 order, the applicant gave the respondent an itemized list of the items allegedly outstanding. The applicant moved for an order holding the respondent in civil contempt and alleged that the respondent failed to comply with the Feb. 10, 2023 and Oct. 18, 2023 orders.
- Ruling: The court ruled in the respondent’s favour, declined the motion, and exercised the discretion to refuse to make a contempt finding. The court determined that the applicant failed to prove beyond a reasonable doubt the respondent’s contempt. The court found the orders clear and unambiguous. The court held that the respondent knew about the orders, responded to these orders, and did not intentionally fail to do the acts compelled by these orders. The court noted that the evidence showed that the respondent tried to respond to the detailed requests to the best of his ability.
- Date: The court released its decision on Nov. 22, 2024.
- Venue: This was a case before the Supreme Court of Nova Scotia.
- Amount: The court declined to award costs to the successful party.
Court
Supreme Court of Nova ScotiaCase Number
Hfx No.: 520641Practice Area
Civil litigationAmount
$ 0Winner
RespondentTrial Start Date
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