Sentences with phrase «finding of contempt»

Contempt: The court can, in certain circumstances, make findings of contempt of court against someone hiding income or assets.

Lawyers can not use solicitor - client privilege to immunize themselves from findings of contempt, the Supreme Court of Canada ruled today.

Appellate Decision: As no new facts came to light after the initial contempt finding had been made, the principle of finality must be respected and Rule 60.11 did not permit the motion judge to revisit or reverse her initial finding of contempt.

When a motion for a finding of contempt is filed, it's unlike a regular complaint.

A man who was ordered to pay $ 10 million in spousal support and other payments to his wife of 40 years, spent six months in jail for deliberately ignoring the order and, to date, has not yet complied - potentially setting himself up for another finding of contempt and more jail time.

After being found in contempt, Carey's unsuccessfully attempted to postpone the second phase of the hearing pending an appeal of the finding of contempt.

The Court also has the discretion to set aside a finding of contempt if the contemnor complies with the order (which is easier to do when the order is mandatory as opposed to prohibitory).

The Court of Appeal confirmed that a party is generally not permitted to challenge or attack a finding of contempt except through the appeal process.

In this case, one of the issues that arose was whether or not the Court could set aside a finding of contempt on grounds other than compliance and, if so, how and when that power was to be exercised.

He then brought a motion to set aside the finding of contempt to be heard at the same time as the second phase, and sought to introduce additional evidence in support of his motion.

Until an order is varied or set aside, it must be complied with and those accused of contempt can not escape a finding of contempt on the grounds that the order should not have been granted (although the propriety of the order can be a factor considered by the Court when determining the appropriate remedy).

The Court of Appeal confirmed that contumacious intent is not required for a finding of contempt but that its absence is a mitigating factor during the second phase of the contempt hearing.

This aspect of the decision appears to preclude the adoption of jurisprudence from the United Kingdom that recognizes the Court's discretion to set aside a finding of contempt even if the contemnor has not — or can not — comply with the order.

In arguing that the finding of contempt should be overturned, LawPRO counsel argued, among other grounds, that civil contempt requires a finding of «contumacious intent», and that retaining the funds in the trust account would have conflicted with other duties that the lawyer owed the client.

LawPRO counsel appeared before the Supreme Court of Canada in an attempt to overturn a Court of appeal of Ontario order upholding a finding of contempt against a lawyer.

The finding of contempt is a strict test that has a civil and criminal component.

«If that argument had been accepted,» says Toyne, «it would have almost been encouraging people to render compliance with court orders impossible in order to insulate themselves from a finding of contempt.»

«If we fall short of that with respect to personal compliance, we don't get to use our licence to practise law as a defence to the finding of contempt.»

As a result, the finding of contempt can not stand.

(10) BTA Bank v. Ablyazov (CA)[2013] 1 WLR 1854 A judge had not erred in refusing to recuse himself as the trial judge following his finding of contempt against a defendant, as there was no real possibility of bias and the right to make an application had been waived.

For any finding of contempt, the first three criteria outlined below must be satisfied.

2013), reversed a finding of contempt despite Mother's non-compliance in denying Father Labor Day visitation because it found Mother's non-compliance wasn't willful.

The Supreme Court affirmed the finding of contempt against Husband and found that a «notice of appeal from a temporary order does not, standing alone, operate to stay the effect or enforcement of the order.»

The applicant's motivation will not prevent a finding of contempt, but may weigh heavily both on sanction and costs.

The court adjourned consideration of sentence and any application to set aside the finding of contempt until 1st June 2018.

Thus the finding of contempt was affirmed.

Further, while a judge may discharge, set aside or vary an order where a finding of contempt has been made under r. 60.11 (8), this rule does not authorize a judge to discharge any order on the court's own motion — in contempt proceedings or otherwise.

He retained Mr. Slansky at that stage, again seeking to appeal the finding of contempt.

In Business Development Bank of Canada v Cavalon Inc., the Court of Appeal upheld the lower court's finding of contempt and jail time for both the principal of a company and his former lawyer for violating a court order.

Failure to follow the schedule may result in a finding of contempt, accompanied by fines or even jail time.

[Finding of contempt, $ 10,000 fine; next finding of contempt will be $ 15,000, the next imprisonment.