Canada Case Law

Parvanta v. Gajoum

Court

Supreme Court of British Columbia

The court found contempt proven because the claimant knowingly sold the Nice Property in breach of the clear Consent Order; imposed a $2,500 fine payable to the respondent within 90 days and awarded special costs payable at conclusion; incarceration rejected; on want of prosecution the court found the delay not inordinate after accounting for COVID and other factors and declined to dismiss the family claim, ordering costs in the cause.

Source excerpt

• Contempt of court
• Consent order
• Want of prosecution
• Dismissal for delay
• Sanctions and fines
• Certificate of pending litigation

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Carter v. Carter

Court

Court of Appeal for Ontario

The Court of Appeal dismissed a family law appeal from a contempt finding, a 90-day jail sentence, and financial orders, holding the procedure was fair and the injunction covered new accounts.

• Contempt of court
• Mareva injunction
• Financial disclosure
• Custodial sentence
• Self-represented litigants
• Right against self-incrimination

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Bringeland Estate (Re)

Court

Supreme Court of British Columbia

The court found Dawne Bringeland in contempt of a 2025 order to deliver estate records and pass accounts, imposed $10,000 in fines, and awarded special costs.

• Contempt of court
• Failure to deliver estate assets and records
• Passing of accounts
• Service of process
• Sanctions and fines
• Special costs

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Adams v. Adams

Court

Supreme Court of British Columbia

The Mareva injunction was denied because the claimant did not demonstrate sufficient risk of dissipation, the tax issues had been resolved, there were long delays in seeking the injunction, and granting it would unfairly prejudice the respondent who had been without agreed funds for over two years. On contempt, although the order became clear and compliance was required as of January 16, 2025, ambiguity earlier and the temporally limited and possibly mistaken nature of the claimant's non-compliance meant contempt (a last resort) was not warranted; instead the court ordered enforcement of the…

Source excerpt

• Mareva injunction
• Enforcement of settlement agreement
• Contempt of court
• Costs
• Family law act s.230

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Nanaimo (City) v. Bernier

Court

Supreme Court of British Columbia

The City of Nanaimo’s contempt application was dismissed. The court found paragraph 3 of the earlier order was not clear enough and, in any event, Mr. Bernier took reasonable steps to comply.

• Contempt of court
• Compliance with court orders
• Permit expiry
• Impossibility of compliance
• Discretionary relief
• Civil-contempt

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Canada (National Revenue) v. R.D. Stewart Group Inc.

Court

Federal Court

The Federal Court found the respondents in contempt for failing to comply with a corrected compliance order requiring production of tax audit records.

• Contempt of court
• Compliance orders under the income tax act
• Production of documents
• Sanctions and costs
• Civil-contempt
• Income-tax-act

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Whitehead v. Tucker

Court

Court of Appeal for Ontario

Ont. C.A. allows appeal in long-running drainage dispute, finding the contempt motion was wrongly dismissed and substituting an order requiring further remedial steps.

• Interpretation of court orders
• Enforcement of injunctions
• Expert evidence on remediation
• Discretion in contempt proceedings
• Costs and security (lien)
• Civil-contempt

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Bell Media Inc. v. Marshall Macciacchera (Smoothstreams.tv)

Court

Federal Court

The Federal Court imposed jail terms for contempt of an Anton Piller order, giving Marshall six months and Antonio four months, with further incarceration capped at five years less one day unless they comply.

• Anton piller order enforcement
• Iptv piracy
• Asset and banking disclosure
• Search and seizure
• Sentencing for civil contempt
• Interpretation of federal courts rule 472

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Kainth v. Kainth

Court

Supreme Court of British Columbia

Family law trial on divorce, property division, debt, spousal support and contempt. The court granted divorce, divided assets and debts, and awarded lump-sum spousal support.

• Property division
• Excluded property
• Unequal division/significant unfairness
• Equalization of family property and debts
• Spousal support - compensatory and imputation of income
• Lines of credit and dissipation

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Unite Here Local 40 v. Van-Air Holdings Ltd.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed a contempt application, finding the Union had not proved beyond a reasonable doubt that Van-Air breached a Labour Relations Board order.

• Replacement workers
• Strikes
• Enforcement of labour relations board orders
• Labour relations code s.68
• Civil-contempt
• Labour-law

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