What is the test for a party to proceed in a peremptory order?

Ontario, Canada


The following excerpt is from Jourdain v. Ontario, 2008 CanLII 22130 (ON SC):

In Symbol Yachts v. Canada, the court noted that there is a presumption that the party ought not to be allowed to proceed following a breach of a peremptory order and that such conduct is generally considered do be contumelious in nature.

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