Vancouver Family Law Appeals Demand Respect
People who bring Vancouver family law appeals obviously feel the decision they are appealing is wrong. Roughly 25 to 33% of appeals brought are successful but in most cases any lower court orders must be respected pending the hearing of a Vancouver family law appeals. The recent decision of Hokhold v. Gerbrandt 2015 BCCA 268 held that Court Orders must be obeyed before parties who are dissatisfied with them will be heard on any appeals from them. Our Vancouver Family Law Appeals lawyers have an admirable record for success in both the BC Court of Appeal and the Supreme Court of Canada helping to set precedents for all Canadians in child custody (Young), spousal support (Leskun) family property (Kotar) and child support (Embree). If you need help on your Vancouver Family Law Appeals case call us toll free across BC at 1-877-602-9900.
Can Someone Seeking The Courts Help Ignore Court Orders?
In short a party cannot thumb their nose at the court system and expect that same legal system to sympathetically listen to their arguments for relief. In this recent case the Court declined to hear appeal of party who was in arrears with respect to family support and had shown unwillingness to comply with court orders re support.
[10] In the circumstances, this court became concerned that it might be inappropriate to hear the appeal and thus appear to be assisting a party who has continuously disobeyed court orders, in particular support orders. Accordingly, the Registrar contacted Mr. Hokhold and Mr. Kahn, counsel for Ms. Gerbrandt, on May 22 advising them to be prepared to respond to speak to this matter at the outset of the appeal hearing. We brought to their attention Larkin v. Glase 2009 BCCA 321, in which the Court observed:
In my view, the authority of this Court to refuse to hear or to dismiss an appeal is not limited to disobedience of the order under appeal. The refusal to hear or to dismiss an appeal is based on the policy of this Court to protect the administration of justice by avoiding circumstances where the Court could be held in disrepute by assisting a party who has exhibited disdain for the judicial process. Whether that disdain is of the order under appeal or some other court order may be a matter this Court would take into account in considering how it will proceed, but it is not determinative.
In Bettinson v. Bettinson, [1965] 1 All E.R. 102 (Ch. Div.), Plowman J. stated as follows, at 105-106:
There is a well-settled rule that the court will not entertain an application by a person who is in contempt of court until he has purged himself of that contempt. In Hadkinson v. Hadkinson, [1952] 2 All E.R. 567, Denning L.J., traced the origin of the rule in Chancery back to an ordinance of Lord Bacon in the year 1618, which laid down that
‘They that are in contempt … are not to be heard [sic] neither in that suit, nor any other, except the court of special grace suspend the contempt’.
More recently, courts have considered the issue more in context: the decision to hear or refuse to hear a party is treated as a matter of the court’s discretion. [At paras. 31-2, 34.]
[12] Mr. Kahn provided other authorities which affirm that a person who has not paid a support order must provide a “convincing reason” to this court as to why his appeal should be heard: see Bullock v. Bullock 2008 BCCA 162; Berry v. Berry 2002 BCCA 129. Bullock involved a failure to pay spousal support.
[13] Having heard from both Dr. Hokhold and Mr. Kahn, we formed the view that Dr. Hokhold had not provided any “convincing explanation” as to why he remains in arrears with respect to the Supreme Court orders relating to support. In the circumstances of this case, the administration of justice would be called into disrepute by our hearing an appeal at the request of a person who has exhibited disdain for the judicial process and continues to use this process to overwhelm his former partner.
[14] It was for these reasons that we informed Dr. Hokhold and counsel that the appeal was dismissed, with increased costs to Ms. Gerbrandt.
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