Canada Case Law

Samson v. Boutilier

Court

Supreme Court of Nova Scotia

Denial of respondent's variation application because the Partition Act does not permit variation of a final order; grant of applicant's enforcement motion to ensure compliance with consent orders regarding sale of the Haliburton property; costs awarded to successful party based on reasonableness of fees, complexity, two-day contested hearing, respondent's obstructive conduct, and application of lump sum approach, resulting in 80% of reasonable fees equating to $20,956.

Source excerpt

• Enforcement of court orders
• Variation of orders
• Costs assessment
• Partition act jurisdiction

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Chen v. Zhang

Court

Court of Appeal for Ontario

The Ontario Court of Appeal allowed the appeal, refused an extension of time for an equalization claim, and dismissed an ownership claim under the divorce agreement.

• Equalization
• Limitation period extension
• Enforcement of court orders
• Interpretation of divorce agreement
• Constructive trust/ownership claim
• Family-law

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Primmum Insurance Company v. Bill Young’s Auto-Body Salvage

Court

Supreme Court of Nova Scotia

The Court found the Consent Order clear and that the defendants had knowledge of it, but was not satisfied beyond a reasonable doubt that the defendants intentionally breached the Order in acquiring vehicles and concluded that although some plaintiff vehicles were stored after March 4, 2024, the defendants acted in good faith, made vehicles reasonably accessible, plaintiffs failed to promptly retrieve them and the Warehouseman’s Lien Act and business realities were relevant; accordingly the Court exercised its discretion to dismiss the contempt motion.

Source excerpt

• Interlocutory injunction
• Civil contempt
• Warehouseman’s lien
• Detention of goods
• Salvage and storage fees
• Enforcement of court orders

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Peverill (Re)

Court

Supreme Court of Nova Scotia

Because the bankrupt knowingly breached a clear court prohibition on obtaining credit and contempt or monetary sanctions were either unavailable or disproportionate given statutory limits and her inability to pay, the appropriate, proportionate remedy is to withhold discharge and continue the prohibition on obtaining credit without prior court approval for two years as a condition of any future discharge; continuation of undischarged status serves creditor notice and rehabilitation objectives.

Source excerpt

• Discharge conditions
• Prohibition on obtaining credit
• Enforcement of court orders
• Contempt
• Debtor rehabilitation
• Credit reporting

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Rathod v. Chijindu

Court

Court of Appeal for Ontario

The appeal is dismissed because the appellants failed to comply with the Associate Chief Justice's unequivocal order to pay outstanding costs by the specified deadline; the court may dismiss an appeal for such non-compliance and the appellants' unsubstantiated claim of inability to pay does not justify non-compliance.

Source excerpt

• Summary judgment
• Dismissal for non-compliance
• Security for costs
• Enforcement of court orders
• Costs awards

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D.N. v. J.M.M.

Court

Supreme Court of British Columbia

The court found the respondent wrongfully denied supervised parenting time, ordered make-up time, imposed a $750 fine, and declined special costs.

• Parenting time
• Enforcement of court orders
• Wrongful denial of parenting time
• Special costs
• Credibility assessment
• Parenting-time

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Jones v. Centrone

Court

Supreme Court of British Columbia

The court held that the order requiring Glenda Centrone to take all steps necessary to transfer land included paying subdivision and transfer costs.

• Specific performance
• Trustee indemnity and obligations
• Boundary adjustment/subdivision
• Enforcement of court orders
• Costs
• Specific-performance

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van Wollen v. van Wollen

Court

Supreme Court of British Columbia

The court found the respondent in contempt for failing to comply with prior family law orders, granted the claimant sole conduct of sale, and awarded special costs.

• Enforcement of court orders
• Contempt
• Sole conduct of sale
• Costs
• Dispensing signature on transfer
• Contempt-of-court

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Axion Ventures Inc. v. Bonner

Court

Supreme Court of British Columbia

The court found NextPlay beneficially owned the disputed Axion shares and ordered cancellation of those shares, requiring Axion to post C$250,000 security as a contempt sanction.

• Contempt sanctions
• Posting security
• Sequestration of assets
• Share cancellation
• Beneficial ownership of shares
• Valuation of securities

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Coastal GasLink Pipeline Ltd. v. Huson

Court

Supreme Court of British Columbia

The court acquitted Sabina Dennis of criminal contempt, finding the Crown failed to prove she acted with the necessary intent, knowledge, or recklessness.

• Criminal contempt
• Injunction breach
• Mens rea
• Credibility assessment
• Enforcement of court orders
• Police enforcement tactics

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