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Simon Shields, LLB

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Since 2005

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Contempt - Civil

Wallace (Re) (Ont CA, 2017)

Once again the Court of Appeal emphasizes how high the burden is on anyone wanting to find another party in contempt in civil proceedings:
[7] We do not condone the Bankrupt’s conduct and emphasize to her that the failure to obey a court order is serious misconduct not to be continued. However, even if circumstances are such as to meet the three-stage test for contempt as set out in such authorities as Prescott-Russell Services for Children and Adults v. G. (N.) (2006), 2006 CanLII 81792 (ON CA), 82 O.R. (3d) 686 (C.A.), courts have long recognized the need to exercise caution prior to making a contempt order and, as counsel for the Trustee admits, making such an order is discretionary. The motion judge made a discretionary decision carving out instead an order that met the practical needs of the situation. We see no error in her doing so.

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