Langer & Langer

In the matter of Langer & Langer, the wife sought enforcement of an order requiring the husband to make mortgage repayments on their former matrimonial home. The wife sought a declaration of the total amount owing under the order, as well as an order allowing the sale of the property. The husband opposed the wife's application on the grounds that he had made efforts to comply with the order and that he had a right to be heard on his application to sell the property. The court found that the husband had not made any attempt to comply with the order until after the wife's application was filed, and that he provided no explanation for his delay in making payments. The court held that the husband should not be heard on his application to sell the property, and dismissed the application. The court also made a declaration as sought by the wife, that the husband was in default of the order and that the current mortgage arrears were $15,931.72. The wife's costs of the application were reserved to the trial judge.
The court considered the applicable principles regarding a party in contempt not being heard on a subsequent application. The court held that the discretionary rule applies in this jurisdiction, and that the exercise of the discretion depends upon the balance between the party's right to procedural justice and public policy considerations. The court found that the husband's disobedience of the order impeded the course of justice and that his application constituted an abuse of process in the circumstances. The court therefore dismissed the husband's application to sell the property. The court also made a declaration as sought by the wife, that the husband was in default of the order and that the current mortgage arrears were $15,931.72. The wife's costs of the application were reserved to the trial judge.