The top rated* Vancouver family contempt lawyers at MacLean Law just obtained one of the heaviest contempt sentences handed down in a BC family law case. Our Vancouver Family Contempt Lawyers also executed a rare Anton Pillar search order to go into the husband’s business and find key evidence leading to a m massive win for our delighted client. Lorne N. Maclean, QC believes the time is long overdue for courts to take a zero tolerance approach to perjury and failures to obey family orders for support and custody issues.
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Vancouver Family Contempt Lawyers Success
In Wang v. Jiang Lorne N Maclean, QC and Chen Zhao obtained a 6 month jail sentence with one month jail time being served immediately and 5 months being suspended so long as the husband fully complies with all of the existing family court orders. The MacLean Law team also executed a rare Anton Pillar and caught the husband perjuring himself. Hidden cash and secret cash ledger documents the husband was hiding were discovered by this bold and exceedingly rare legal move by the family lawyers at MacLean Law. Special costs of something between $300,000 to nearly $400,000 were also awarded subject to assessment and payable immediately to further express the courts dim view of the husband’s actions. Stay tuned for the reasons for judgment which are due to be published soon!
Vancouver Family Contempt Lawyers Explain Facts In New Family Contempt Case
In Nair v. Woodrow the Chief Jutice of the BC Supreme Court jailed a husband for 14 days for not paying support and interfering with the child attending school and getting psychological counselling.
[29] I find that the claimant has been dishonest before me and quite dismissive of the orders and directions of this Court. Indeed, he has gone so far as to invite an order for his incarceration rather than comply with the orders of this Court.
[30] I am satisfied beyond any reasonable doubt that the claimant well knew of the existence of the Court orders of Madam Justice Harris dated May 31, 2016, and of the terms of those orders, which were reinforced by Harris J. on September 1, 2016, and by me on October 24, 2016, and find beyond any reasonable doubt that he has deliberately disobeyed those orders.
[31] In my view, the complainant has deliberately orchestrated a situation whereby his 14 year old son has been deprived of the educational and social benefits of a school attendance, and of counselling to assist him in overcoming the obstacles that have prevented him from having any kind of relationship with either his mother or his brother.
Vancouver Family Contempt Lawyers Explain Law Of Family Contempt
[18] Contempt of Court is the legal mechanism designed to protect the authority of the Court and the administration of justice. It is an integral part of the Rule of law, and serves dual objectives; to ensure that orders made by the Court are obeyed, and to promote and preserve respect for the Court in the administration of justice.
[19] In United Nurses of Alberta v. Alberta (Attorney General), [1992] 1 S.C.R. 901 at 931, 89 D.L.R. (4th) 609,Madam Justice McLachlin (as she then was) stated:
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.
[20] Contempt of Court for the breach of a court order requires proof of the three constituent elements of civil contempt of Court identified by Mr. Justice Parrett in International Forest Products Limited et al v. Barney Kernet al, 2000 BCSC 736 at para. 7, aff’d 2004 BCCA 349:
Contempt of court has three constituent elements. In order for the court to make a finding of contempt of court, it must be shown: (1) that there is in existence a valid court order…; (2) that the particular accused knew of the existence of the order and its terms; and (3) that the particular accused did one or more acts amounting to disobedience of one or more of the terms of the order. If these three elements are present, you have the elements necessary for a finding of civil contempt.
[45] I therefore impose a sanction on the claimant of 14 days in custody, to commence forthwith.
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Our family lawyers are multiple award winners as Vancouver’s best* family law firm by Top Choice Awards. We believe obtaining proper support and property awards and ensuring children are protected by compliance with court orders is non-negotiable. Call us early on when family court orders are not obeyed so we can help hold your spouse accountable.
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