Canada Case Law

Qi v. Liu

Court

British Columbia Court of Appeal

The chambers judge correctly concluded the Interim Order unambiguously prohibited both partial and total obstructions of the easement; any reliance on the registered Easement to interpret the order was an error of principle but immaterial because the order alone made the obligation clear; and there was no error in not exercising residual discretion because the appellants did not ask the judge to do so, so the contempt finding stands.

Source excerpt

• Interim order interpretation
• Four corners rule
• Residual judicial discretion
• Standard of review
• Parking and obstruction of easement

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Canada (National Revenue) v. 1718743 Ontario Incorporated (Sanderson Outdoor)

Court

Federal Court

The Federal Court fined two respondents for contempt after they failed to fully comply with a tax disclosure order, and ordered costs, with possible imprisonment if they do not pay.

• Compliance orders
• Disclosure obligations
• Sanctions for contempt
• Costs awards
• Incarceration for non-payment
• Contempt-of-court

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Peoples Trust Company v. PSP Services Inc.

Court

Court of Appeal for Ontario

The Court of Appeal dismissed PSP’s appeal from contempt sanctions, but allowed PTC’s cross-appeal and sent the officer-liability issue back for rehearing.

• Contempt sanctions
• Joint and several liability of officers
• Rules of civil procedure r.60.11(6)
• Investigative receiver
• Proportionality in sentencing
• Remittal to motion judge

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SWS Marketing Inc. v. Zavier

Court

Supreme Court of British Columbia

The defendant owners made bona fide efforts to purge contempt by offering to apply the $25,000 security plus offsets to the specified court-ordered costs; under the strictissimi juris principle the amounts necessary to purge contempt are the definitive sums set out in the contempt ruling (not speculative interest or enforcement costs), therefore the $25,000 plus interest shall be applied and the computed offsets reduce the outstanding court-ordered costs to $31,854.71, payable within seven days; judgments registered against Mr. Gauthier's property (CB1022912 and CB1107567) are cancelled if th…

Source excerpt

• Contempt sentencing
• Offset of costs
• Release of security
• Standing to sue
• Service of process
• Strata fee collection

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Barnes-Morris v. Kolias

Court

Supreme Court of British Columbia

The contempt application was dismissed because the claimant failed to prove beyond a reasonable doubt the first element of civil contempt — the Consent Restraining Order did not clearly and unequivocally prohibit the Impugned Transactions given the ambiguous phrase 'held by', and the applicant's materials failed to meet the strictissimi juris pleading and evidentiary standard required for contempt proceedings.

Source excerpt

• Property restraining order
• Civil contempt
• Strictissimi juris
• Shareholder loans
• Purging orders
• Costs

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Bilomba Inc. (Fully Promoted Canada) v. Barrett

Court

Supreme Court of Nova Scotia

The court found beyond a reasonable doubt that paragraph 1 was clear and that John (Jack) Barrett and Creative Cresting intentionally carried on the Creative Cresting business within the prohibited radius (breaching paragraph 1) and that they intentionally failed to return the client list required by paragraph 4 (admissions and evidence demonstrated disposal of the list); other alleged breaches (phone numbers, Google Business Page, client artwork) were not proven beyond a reasonable doubt and Aaron Barrett was not bound by paragraph 1 nor proven in contempt; the court exercised its discretion…

Source excerpt

• Interlocutory injunction
• Non-competition covenant
• Return of proprietary materials
• Client list
• Phone number transfer
• Google business page

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Harder v. InCor Holdings Limited

Court

Supreme Court of British Columbia

The court struck the responses of three defendants for chronic non-compliance and entered judgment on pleaded fraud, loan, investment, and enrichment claims.

• Strike response to civil claim
• Summary judgment / summary trial
• Mareva injunction and ancillary disclosure
• Fraudulent misrepresentation
• Negligent misrepresentation
• Unjust enrichment

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Rabbani v. Furney

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario granted a motion to quash and dismissed a civil appeal, holding the contempt-motion dismissal was interlocutory and beyond its jurisdiction.

• Interlocutory orders
• Appeal route
• Costs
• Interlocutory-appeals
• Contempt-of-court
• Appellate-jurisdiction

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Planet Fitness Inc v. Planet Fitness Franchising LLC (PFIP, LLC)

Court

Federal Court

The Federal Court fined Planet Fitness Inc. and Shawn Freeborn $1,000 jointly and severally for contempt arising from disclosure of confidential mediation information.

• Contempt penalties
• Mediation confidentiality
• Sentencing principles
• Rule 472 federal courts rules
• Public v private dimension of contempt
• Civil-contempt

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Matthews Estate v. Matthews

Court

Supreme Court of Nova Scotia

The Court found it had jurisdiction to hear the enforcement motion despite the tenancy element, concluded the defendants were aware of and bound by the May 6, 2025 Consent Order (William having authorized counsel to sign it), and determined that, although William's conduct could have supported a contempt finding, the appropriate and proportionate remedy was enforcement under Civil Procedure Rule 80.02 rather than a contempt conviction; accordingly the Court granted the estate relief to enforce the Consent Order and to obtain possession through court assistance while leaving contempt unprosecu…

Source excerpt

• Enforcement of consent order
• Possession and eviction
• Executor duties and estate administration
• Contempt proceedings (declined)
• Right of first refusal
• Jurisdictional overlap with residential tenancies board

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