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Simon Shields, Lawyer

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Civil Procedure - Civil Contempt - Standard of Proof

Parties - Self-Represented

Pintea v. Johns (SCC, 2017)

Here the Supreme Court of Canada clarifies that the standard of proof to show civil contempt is the criminal standard of 'beyond a reasonable doubt':
The common law of civil contempt requires that the respondents prove beyond a reasonable doubt that Mr. Pintea had actual knowledge of the Orders for the case management meetings he failed to attend.
.....

Respecting self-represented litigants, the court usefully added:
We would add that we endorse the Statement of Principles on Self-represented Litigants and Accused Persons (2006) established by the Canadian Judicial Council.


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