Canada Case Law

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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Bezanson v. Dormiedy

Court

Supreme Court of Nova Scotia

2025 NSSC 336

Source excerpt

• Denial of parenting time
• Civil contempt
• Purging of contempt
• Intermittent custodial sentence
• Parenting and support act s.40 and s.41

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Mitsui v. Bi

Court

Supreme Court of British Columbia

The court found the defendant in civil contempt for failing to comply with a prior discovery order, rejected the medical excuse, and imposed a suspended fine with compliance directions.

• Examination for discovery
• Civil contempt
• Medical excuse for non-compliance
• Solicitor-client costs
• Striking pleadings
• Civil-contempt

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Canadian Western Bank v. Canadian Motor Freight Ltd.

Court

Court of Appeal for Ontario

The Court upheld the motion judge's findings of civil contempt because the receivership order unambiguously required immediate access and delivery of property to the Receiver, the appellants had actual notice, and their conduct in moving the fleet to United Group's yard and denying access constituted an intentional breach; the fresh evidence failed the Palmer test and would not have affected the result; sentencing and costs awards were within the motion judge's discretion and not manifestly unfit.

Source excerpt

• Civil contempt
• Receivership orders
• Asset recovery
• Leave to appeal under s.193(e) bia
• Fresh evidence
• Costs

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Bilzerian v. Ignite International Brands, Ltd.

Court

Supreme Court of British Columbia

The court declared Dan Bilzerian in contempt for not complying with an order to transfer control of Ignite’s Instagram account, and awarded $10,000 in special costs.

• Civil contempt
• Compliance with court orders
• Transfer of social media accounts
• Special costs
• Directorship dispute
• Civil-contempt

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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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Welch v. Welch

Court

Supreme Court of Nova Scotia

Although the Orders were clear and the respondent had actual knowledge, the applicant failed to prove intentional non-compliance beyond a reasonable doubt because the respondent produced substantial materials, provided explanations and evidence of efforts to comply, and any earlier shortcomings were addressed; the court therefore exercised its discretion not to find contempt and declined to award costs.

Source excerpt

• Civil contempt
• Compliance with court orders
• Accounting under power of attorney
• Discovery and production
• Costs

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Masjoody v. Motmaen-Far

Court

Supreme Court of British Columbia

The court dismissed a self-represented plaintiff’s contempt and Law Society referral application against defence counsel and awarded special costs.

• Civil contempt
• Referral to law society
• Special costs
• Discovery/list of documents
• Recusal and case‑splitting
• Civil-contempt

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Port Coquitlam (City) v. Ground X Site Services Ltd.

Court

Supreme Court of British Columbia

La Corte rechazó una solicitud de desacato civil contra Ground X porque el mandamiento no era lo bastante claro y la empresa había intentado resolver el problema con la Ciudad.

• Injunction
• Civil contempt
• Order interpretation
• Municipal soil bylaw
• Enforcement discretion
• Costs

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Castillo v. Xela Enterprises Ltd.

Court

Court of Appeal for Ontario

Ontario had jurisdiction under the real and substantial link test because the Appointment Order concerned an Ontario company and was obtained to enforce an Ontario judgment; the Appointment Order clearly and exclusively authorized the Receiver to exercise Xela’s shareholder rights and to act on Xela’s behalf, and the appellant intentionally breached that Order by signing a declaration and enabling a Panamanian criminal complaint against the Receiver’s agents without leave or consent, thereby committing civil contempt; given the egregious, deliberate conduct, absence of remorse or effective pu…

Source excerpt

• Receivership
• Civil contempt
• Jurisdiction (extraterritorial enforcement)
• Sentencing for contempt
• Costs (full indemnity)
• Anti-suit injunction (distinguished)

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