What is the test for contempt of court under Rule 703(a)?
Alberta, Canada
The following excerpt is from Sherwin-Williams Co. v. Walls Alive (Edmonton) Ltd., 2002 ABQB 831 (CanLII):
Sherwin-Williams cites the case of Craft v. Craft [1983] A.J. No. 23 wherein McDonald, J. of this court held that contempt of court was not available for the failure to pay maintenance in a family law matter. At paragraphs 9 and 10 he stated as follows:- I think it is plain that the intention of the drafter of Rule 703(a) was to exclude from the scope of civil contempt any disobedience of an order for the payment of money, and that an order to pay maintenance in fixed amounts is “an order for the payment of money” within Rule 703(a) ... if I am wrong as to the clarity of the meaning of those words – that is, if they are ambiguous, then the words should be read in favour of the respondent, because of the potential penal consequences of the finding of civil contempt. (emphasis added)
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