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


The following excerpt is from Breberin v. Santos, 2013 BCCA 385 (CanLII):

In my view, a finding of contempt based on a failure to obey a court order does not result in the court order being subsumed into the contempt order. It is not uncommon for parties who are appealing a court order to be found in contempt for not obeying it. This occurs, for example, in matrimonial and civil disobedience litigation. The fact of an appeal is not a defence to the contempt allegation; a finding of contempt does not automatically eliminate the appeal, although a court may dismiss or refuse to hear proceedings brought by a party who is violating a court order: Larkin v. Glass, 2009 BCCA 321.

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