Does a contempt finding need to be found?
Alberta, Canada
The following excerpt is from Broda v. Broda, 2004 ABCA 72 (CanLII):
Recognizing that contempt proceedings have serious consequences and a criminal element to them, a contempt finding may be inappropriate in the circumstances of a given case even where the necessary elements are made out. For example, where noncompliance is due to circumstances beyond the control of the party alleged to be in contempt: Metaxas v. Galaxis, [1989] 1 F.C. 386 (T.D.).
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