What is the test for a finding that a defendant is unable to comply with a demand made by a court to obtain a restraining order?
Saskatchewan, Canada
The following excerpt is from R. v. Meckling, 1983 CanLII 2390 (SK QB):
In Regina v. Bourassa, 68 D.T.C. 5287, Macfarlane, J., found that: The magistrate has heard the evidence and he has decided as a matter of fact that the defendant was unable to comply with this demand. I have to find that there was some evidence upon which that finding could be made and that is as far as I am permitted to go in an application by way of Stated Case. I cannot find that there is any error in law.
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