Simon's Megalomaniacal Legal Resources

Civil Contempt - Practice

. Boily v Carleton Condominium Corporation 145

In Boily v Carleton Condominium Corporation 145 (Ont CA, 2014) the Court of Appeal commented on the situation where the underlying order becomes 'ineffective':

[39] In any event, relying on authorities such as Sussex Group Ltd. v. 3933938 Canada Inc. (c.o.b. Global Export Consulting) (2003), 124 A.C.W.S. (3d) 274 (Ont. S.C.) (“Sussex”), Miller, and Garley v. Gabai-Maiato, 2006 ONCJ 28, the motion judge held that in circumstances in which the underlying order is considered “ineffective”, the appropriate course of action is not disobedience. The appropriate course of action is either to move for directions as soon as the problem becomes apparent, as the motion judge had expressly invited the parties to do, or appeal.