What are the basic elements of contempt of court?
Alberta, Canada
The following excerpt is from Bains Engineering Corporation v. 734560 Alberta Ltd., 2004 ABQB 780 (CanLII):
In particular, Cote J.A. explained that “It must not be thought that contempt of court requires an intent to disobey the court, or even an intent to do an act which is in fact forbidden. Where someone is ordered by the court to do something, he or she must use a sufficient degree of diligence to perform, or to have the act performed”: Michel v. Lafrentz (1998), 219 A.R. 192 at para. 21, 1998 ABCA 231. B. Are these three basic elements proved in this case? 1. There was a court order.
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