Can a failure to comply with a Mareva injunction constitute contempt of court?
British Columbia, Canada
The following excerpt is from Majormaki Holdings LLP v. Wong, 2007 BCSC 1741 (CanLII):
The failure to comply with a Mareva injunction can constitute a contempt of court: see British Columbia v. Shah, [1991] B.C.J. No. 3994 (Q.L.) at para. 23 (S.C.).
Contempt proceedings are quasi-criminal in nature, and thus the liberty of those accused of even civil contempt may be at issue. In the result, all applicable legal requirements, including proof beyond a reasonable doubt, must be observed strictissimi juris: see Ebrahim v. Ebrahim, 2000 BCCA 398 at para. 9, 77 B.C.L.R. (3d) 70.
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