As BC Court Order Enforcement and Vancouver Contempt of Court in family law cases lawyers, we caution our clients to strictly comply with Court Orders made in their family law case. Conversely, we ask our clients help us to assiduously ensure their spouse also complies with Court Orders. Disobeyence of Courts Orders is a serious problem in family law cases and the courts are taking a much more active approach in ensuring compliance with child custody, guardianship and access case as well as in financial issues. Call us at any of our 4 offices to get help or better yet fill out an initial consultation sheet so we can begin to quickly assist you.
Lorne MacLean Q.C., points out that a good summary of contempt laws in family cases is found in our BC Court of Appeal decision Glase v. Glase, [2009] 11 W.W.R. 22 sub nom Larkin v. Glase, 96 B.C.L.R. (4th) 94 (C.A.) the Court of Appeal upheld a ten day prison sentence imposed on the appellant for disobeying court orders. Chiasson J.A. for the Court of Appeal stated:
7 A court order must be obeyed until and unless it is reversed. Refusal to obey court orders strikes at the heart of the rule of law, at the core of the organization of our society. If court orders can be disregarded with impunity, no one will be safe. Our free society cannot be sustained if citizens can decide individually what laws to obey and what laws to disregard. Madam Justice McLachlin, as she then was, stated in United Nurses of Alberta v. Alberta (Attorney General), [1992] 1 S.C.R. 901 at 931:
Both civil and criminal contempt of court rest on the power of the court to uphold its dignity and process. The rule of law is at the heart of our society; without it there can be neither peace, nor order nor good government. The rule of law is directly dependent on the ability of the courts to enforce their process and maintain their dignity and respect. To maintain their process and respect, courts since the 12th century have exercised the power to punish for contempt of court.
Mr. Glase must understand that if he can select what laws to obey, others may do so as well, to society’s and his personal detriment.
8 Contempt of court is an issue between a party and the court. It is not concerned with the merits of the dispute between parties to litigation (Frith v. Frith, 2008 BCCA 2 at para. 36, 47 R.F.L. (6th) 286). Although the issue is pursued by the respondent, the court’s determination that Mr. Glase is in contempt only indirectly affects her interests. As was stated in Ontario (Attorney General) v. Paul Magder Furs Ltd. (1992), 10 O.R. (3d) 46 at 53, 94 D.L.R. (4th) 748 (C.A.), a finding of contempt of court “transcends the dispute between the parties; it is one that strikes at the very heart of the administration of justice …”.
9 A court’s ability to punish for contempt is at the core of its jurisdiction (MacMillan Bloedel Ltd. v. Simpson, [1995] 4 S.C.R. 725, 130 D.L.R. (4th) 385). It is a jurisdiction that must be exercised strictissimi juris, that is, the court must ensure no one is found to have transgressed without a full consideration of all the relevant information, including any explanations for the conduct of persons accused of violating court orders (Frith; Claggett v. Claggett (1945), 61 B.C.R. 238 (C.A.)).
10 This Court observed in Topgro Greenhouses v. Houweling, 2003 BCCA 355, per Smith J.A., for the Court:
[6] To knowingly breach a court order is to commit a contempt of the court. All that is necessary to establish the contempt is proof of deliberate conduct that has the effect of contravening the order; an intent to bring the Court into disrepute or to interfere with the due course of justice or with the lawful process of the Court is not an essential element of civil contempt: R. v. Perkins (1980), 51 C.C.C. (2d) 369 at 370-71 (B.C.C.A.).
If you are subject to an application for contempt you need legal representation immediately given the seriousness of the punishment for these applications.. If someone is frustrating your family law order act promptly as delays may only embolden the opposing party to breach further court ordered relief. Call us at any of our 4 offices across BC or toll free at 1 877 602 9900.
