What is the test for contempt of court when a person commits a contumacious act?
Canada (Federal), Canada
The following excerpt is from Baster Travenol Laboratories v. Cutter (Canada) Ltd, 1984 CanLII 2893 (FC):
The authors quote Warrington J. in Stancomb v. Trowbridge Urban District Council,[2] who said that if a person "in fact does the act, and it is no answer to say that the act was not contumacious ...". In Re Agreement of Mileage,[3] contempt was held to have been established even though the acts were done "reasonably and despite all due care and attention, in the belief, based on legal advice, that they were not breaches".
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