Can a person be found in contempt of an order with which they cannot comply?
British Columbia, Canada
The following excerpt is from 0861695 B.C. Ltd. v. Laudisio, 2013 BCSC 2581 (CanLII):
It is also clear that there are some matters that are outside the control of the party to whom the order applies. A person cannot be found in contempt of an order with which they cannot comply, such as matters requiring the action of third parties which are not under the control of the party to whom the order applies: see Jackson v. Honey, 2009 BCCA 112 at para. 14.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
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)
Can a Defendant be found in contempt of court for failing to comply with a court order to pay child support? (British Columbia, Canada)
What is the test for contempt of a court order for payment of an order for contempt? (British Columbia, Canada)
Can a plaintiff set aside an order dismissing her claim for failure to attend a case management hearing and comply with case management orders? (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 effect of an order to cancel an order for non-payment of a lump sum of funds made in a personal injury case? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
