What is the impact of a debtor’s history on an enforcement hearing?
Ontario, Canada
The following excerpt is from Morrison (Allen) v. Allen, 1984 CanLII 1715 (ON CJ):
[53] Enforcement cases that followed Gallivan v. Gallivan explored the effect of circumstances where a debtor was instrumental in creating his own financial embarrassment. Hence, the history of a debtor’s actions, his choice of expenditures, his attempts to honour the court order, have become just as important, in an enforcement hearing, as a debtor’s immediate and present ability to pay.
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