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Criminal contempt 2024 BCSC 662

Teal Cedar Products Ltd. v. Davidson

The court sentenced Angela Davidson for seven criminal contempt counts arising from repeated injunction breaches, applying deterrence, denunciation, and Gladue principles.

  • Gladue/ipeelee methodology
  • Deterrence and denunciation
  • Parity and step-up principle
  • Totality principle
  • Conditional sentence
  • Credit for time served
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Civil procedure 2022 BCSC 1661

Teal Cedar Products Ltd. v. Rainforest Flying Squad

The court granted Teal Cedar a further one-year extension of an interlocutory injunction, varied the application procedure, and awarded costs, finding ongoing harm and no change in the analysis.

  • Interlocutory injunction extension
  • Irreparable harm
  • Balance of convenience
  • Delay/want of prosecution
  • Police enforcement and civil liberties
  • Contempt prosecutions
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Civil procedure 2022 BCSC 1212

Teal Cedar Products Ltd. v. Rainforest Flying Squad

Erika Bennett admitted criminal contempt of an injunction. The court declined jail and imposed 85 hours of community work service plus 24 months’ probation.

  • Contempt of court
  • Community service
  • Deterrence and denunciation
  • Guilty plea mitigation
  • Probation order
  • Contempt-of-court
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Civil procedure 2022 BCSC 515

Teal Cedar Products Ltd. v. Rainforest Flying Squad

The court found Emily Kane guilty of criminal contempt after concluding an RCMP officer’s roadside announcement gave her actual notice of the injunction.

  • Notice of order
  • Service of order
  • Wilful blindness
  • Police enforcement
  • Contempt-of-court
  • Injunction-enforcement
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Criminal contempt 2022 BCSC 505

Teal Cedar Products Ltd. v. Rainforest Flying Squad

The court sentenced Holly Wu for criminal contempt to a $2250 fine, suspending $750 on conditions after finding her conduct more serious than some cited comparators.

  • Sentencing
  • Denunciation
  • Deterrence
  • Parity
  • Suspension of fine conditions
  • Civil disobedience devices
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Civil procedure 2021 BCCA 353

Teal Cedar Products Ltd. v. Mashari

The British Columbia Court of Appeal held leave to appeal was required for a pre-trial injunction and dismissed non-party applicants’ extension and leave requests.

  • Interlocutory injunction
  • Limited appeal order
  • Standing of non-parties
  • Leave to appeal
  • Extension of time
  • Irreparable harm
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Human rights 2013 FC 622

Tahmourpour v. Canada (Canadian Human Right Commission)

Federal Court dismissed Ali Tahmourpour’s contempt motion, holding that the Crown cannot be found in contempt and the record showed no prima facie breach by the named RCMP officials.

  • Enforcement of tribunal orders
  • Contempt of court
  • Crown immunity and liability
  • Vicarious liability
  • Re-enrolment and recruitment procedures
  • Medical and psychological fitness assessments
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Administrative law 2007 FCA 52

Winnicki v. Canada (Human Rights Commission)

The trial judge erred by imposing sentence without affording the appellant an opportunity to make submissions on sentence; given the appellant was a first offender, employed and had served 83 days, the appropriate disposition was to reduce the custodial sentence to time already served.

  • Contempt of court
  • Subsection 13(1) canadian human rights act
  • Natural justice - right to make submissions on sentence
  • First offender sentencing principles
  • Injunction breach
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Tax law 2004 TCC 775

Prefontaine v. The Queen

Because Mr. Maurice Prefontaine repeatedly engaged in abusive, disruptive and threatening conduct during proceedings, had prior criminal contempt findings and a documented history corroborated by registry reports and a psychiatric assessment, the Court properly exercised its inherent jurisdiction to impose targeted and proportionate restrictions: prohibiting him from representing parties, requiring legal representation, barring registry attendance and limiting communication to registered mail or courier to safeguard the administration of justice.

  • Representation restrictions
  • Access to court registry
  • Communication restrictions
  • Judicial integrity
  • Contempt
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Tax law 2004 FCA 52

Prefontaine v. Canada

Maurice Prefontaine's appeal is dismissed for lack of standing because he was not a party to the proceedings below and no order was made against him; Rose Prefontaine's appeal is dismissed on the merits because the Tax Court judge's factual findings and conclusions on the deductibility and reasonableness of claimed business expenses were adequately justified and no error of law or fact was demonstrated; given Maurice Prefontaine's persistent abusive and disruptive conduct the Court lawfully imposed narrowly tailored restrictions to protect court staff, the judiciary and the administration of…

  • Standing to appeal
  • Deductibility and reasonableness of business expenses
  • Judicial review/appeal standard
  • Abusive conduct and court-imposed restrictions
  • Self-representation limitations
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.