What is the test for contempt of a court order for payment of an order for contempt?

British Columbia, Canada


The following excerpt is from L.S. v. G.S., 2014 BCCA 334 (CanLII):

In cases of an order for payment of money, the applicant alleging contempt must establish, beyond a reasonable doubt, not only that the respondent breached an order of which there was notice, but also that the respondent had the capacity to pay the amount: Swann v. Swann, 2009 BCCA 335.

Other Questions


Does a finding of contempt based on a failure to obey a court order result in the application being subsumed into the contempt order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Can a court order a charging order against costs of a contempt application? (British Columbia, Canada)
What is the test for contempt of court for refusing to comply with an order for payment of a debt? (British Columbia, Canada)
Can a Defendant be found in contempt of court for failing to comply with a court order to pay child support? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
When will a court order security to prevent a payor from making maintenance payments? (British Columbia, Canada)
What are the principles used by the Court of Appeal in making an order to refer the issue to the Superior Court of Justice? (British Columbia, Canada)
What is the second of the four grounds used by the Court of Appeal to order an order to be quashed? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.