Can a judge exercise some discretion in a contempt hearing even in the face of obvious failure to comply with a court order?
Nova Scotia, Canada
The following excerpt is from Mutual Transportation Services Inc. v. Saarloos, 2016 NSSC 164 (CanLII):
A judge’s ability to exercise some discretion in a contempt hearing does exist even in the face of an obvious failure to comply with a court order if the alleged contemnor acted in good faith to take reasonable steps to comply with the order. This proposition was confirmed by Cromwell J. in Carey v. Laiken:
"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
In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
Does the Court have any authority to overturn an order by a judge in a family law matter? (Nova Scotia, Canada)
Can a federal court interfere with the exercise of ministerial ministerial exercise? (Nova Scotia, Canada)
Are there any cases where a court has found that a husband who has been ordered to pay a fine under an equalization order is a post-bankruptcy debt? (Nova Scotia, Canada)
Whether a judge is sitting alone or presiding with a jury in a civil matter, whether the judge is a single judge or a jury? (Nova Scotia, Canada)
What is the palpable and overriding error of a judge at the Court of Appeal? (Nova Scotia, Canada)
In what circumstances will a court order solicitor/client costs where a lawsuit against two parties and an application to wind up a company are dropped before trial? (Nova Scotia, Canada)
When will a court order sole custody in a family law case? (Nova Scotia, Canada)
In what circumstances will a judge order costs for work "thrown away" as a result of an adjournment granted on the first day of a trial? (Nova Scotia, Canada)
When will a court order joint ownership of a property? (Nova Scotia, Canada)
