Does a finding of contempt be made on a motion in writing on consent under rule 14(10) of the Family Law Rules?

I am not persuaded by this argument. The courts have confirmed that contempt motions may proceed in a summary fashion using one of two hearing methods: (a) a hearing on a written record with affidavit evidence, or (b) an oral hearing with viva voce evidence: see: Fischer v. Milo, [2007] O.J. No. 3692, at paras. 10 – 12 (S.C.J.). Given the several caveats and cautions which, the courts have emphasized, must be exercised when considering contempt motions in family law proceedings, I question whether a finding of contempt should be made on a motion in writing on consent under rule 14(10) of the Family Law Rules. Given the quasi-criminal nature of contempt, the court must have an opportunity to independently assess the evidence to ensure that the elements of contempt have been met and that the penalty agreed to is appropriate in the circumstances. As indicated above, an arbitrator cannot assume these responsibilities on behalf of the court, nor may a judge simply rely on the findings of an arbitrator, especially findings that an arbitrator had no jurisdiction to make in the first place.