Can a motion for contempt be brought against the owner of 9 trucks for allegedly failing to return the vehicles to the owner in order to account for sales proceeds?
Ontario, Canada
The following excerpt is from Landmover Trucks Inc. v Bhullar, 2017 ONSC 195 (CanLII):
In this case, there has been a dispute between private individuals. As a general principle, courts have held that where there is no element of public defiance, civil contempt is seen primarily as coercive rather than punitive: Carey v. Laiken, at paragraph 31. Here, the pending motion for civil contempt would appear to have achieved the desired result in part by the accounting of sales proceeds by HK, but not with respect to the return of 9 trucks.
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