Sentences with phrase «civil contempt cases»

Further, the primary purpose of sentencing in civil contempt cases is to remedy the rights of private litigants.

Also in subpoena and civil contempt cases the person arrested does not get a criminal record as a result (although they may get an arrest record), so there are no collateral consequences to the proceeding as there would be a criminal case.

In civil contempt cases, and provided they are not repeat contemnors, many are given the option of purging their contempt.

Not exact matches

What is notable about the case is that the Workers» Compensation Board sought a significant period of incarceration notwithstanding that jail sentences for civil contempt are approached with the same reservation as jail sentences for health and safety offences.

A B.C. judge recommended Monday that the province take over the civil prosecution as a criminal contempt case.

«The contempt, when it's criminal in nature, is typically reserved for cases where there has been a failure for an effective civil enforcement, there has been particularly egregious conduct, repeat offenders or sentences where there have been violence or damaged property,» he said.

Mark Whittaker, insurance partner at DWF, that represented Brighton and Hove, says: «It is an extremely rare case because it is one of the few occasions where contempt of court proceedings have been pursued in a civil court and also as the case only related to the witnesses involved and not to the claimant herself.»

Justice Karakatsanis: «The common law of civil contempt requires that the respondents prove beyond a reasonable doubt that Mr. Pintea had actual knowledge of the Orders for the case management meetings he failed to attend.

In summary, the Supreme Court's latest decision in the JSC BTA Bank litigation adds to the civil fraud litigator's toolkit: he can now raise a claim in conspiracy founded on contempts of court; he may be able to bring a damages claim for simple contempt; and he can sue in England where there is a good arguable case that a conspiracy has been hatched here.

He also has a particular interest in complex civil fraud cases, for both claimants and defendants, including obtaining and enforcing interim remedies, applications to commit for contempt, and jurisdictional issues, both in England and offshore.

What is notable about the case is that the Workers» Compensation Board sought a significant period of incarceration notwithstanding that custodial sentences for civil contempt are approached with the same reservation as custodial sentences for health and safety offences.

The main exceptions to this general rule is that arrest warrants may issue in a civil case (i) to compel the attendance of a witness who fails to make a timely response or appearance to a subpoena after being personally served in a timely manner with that subpoena, (ii) to compel someone to attend a quasi-criminal contempt of court hearing, and (iii) to arrest someone who have been held in contempt of court.

In the case of subpoena enforcement and civil contempt enforcement the infringement on an arrestee's right is limited in that compliance with the court's order will promptly result in the person arrested being freed.

He called my attention to the case of Chiang (and Trustee of) v. Chiang, [2009] O.J. 41 where the Court of Appeal observed that custodial sentences for civil contempt are rare, and that ordinarily incarceration is a sanction of last resort.

a case involving civil contempt of court must be filed within 14 days, beginning with the date of the refusal of permission by the court below; and

Mr. Azar's pro bono work has also included successfully persuading the Ninth Circuit Court of Appeals to allow a disabled prisoner's federal civil rights case to proceed, resulting in a published decision on a matter of first impression; assisting tenants in disputes with their landlords; and assisting a translator in defending against contempt proceedings relating to her alleged whistleblowing about safety defects in automobiles.

Members of chambers have significant experience of contempt proceedings including appearing in the in the recent leading case on civil contempt: Cavendish Square Holdings BV v Makdessi [2013] EWCA Civ 1539 & 1540 (currently on appeal to the Supreme Court).

By Andrew Feldstein Katz v. Katz, 2014 ONCA 606: This case addresses the issues of civil contempt and the power of courts to order a payor to obtain a life insurance... Read more

Capias Capias Mittimus CAPTA (Child Abuse Prevention and Treatment Act) Caption Case Management Cause of Action CEJ (Continuing Exclusive Jurisdiction) Central Authority Certification Certified Divorce Financial Analyst Cestui Que Trust Charge to Jury Child Abduction Child Abuse and Neglect Child Representative Child Support Enforcement Child Support Guidelines Child Support Payment Children's Rights Circuit Court Citation Civil Code Civil Contempt Civil Law Civil Liberties Civil Rights Civil Union Clear and Convincing Evidence Classifications of Law Clerk of the Court COBRA (Consolidated Omnibus Budget Reconciliation Act) Codicil Cohabitation COLA (Cost of Living Adjustment) Collaborative Divorce Collaborative Law Commencement of Action Common Law Common Law Marriage Community Property Competency Complainant Complaint for Divorce Concurring Opinion Condonation Confidential Privilege Conflict of Interest Conjugal Rights Consanguinity Consent Order Conservator Consolidation Constitution Contemnor Contempt of Court Contested Divorce Contingency Fee Continuance Contract Co-Respondent Corroborative Witness Cost Analysis Counsel Counseling Count Counterclaim Court Court Costs Court of Equity Court Order Court Reporter Court Services Officer Covenant Marriage Coverture CRC (Children's Rights Council) Criminal Contempt Cross-Examination Cruel and Abusive Treatment CSRA (Child Support Recovery Act) Custodial Parent Custody Custody Affidavit Custody Evaluation Custody Preference