What is the case law on the use of writ of sequestration in contempt proceedings?
British Columbia, Canada
The following excerpt is from Bea v. The Owners, Strata Plan LMS 2138, 2015 BCCA 31 (CanLII):
The importance of maintaining a broad view of these sequestration powers to coerce contemnors was also emphasized in Guavers v. Fountain (1687), 22 E.R. 1083, where the court said, in reference to the writ of sequestration in contempt proceedings, “the jurisdiction of the court of equity would be to little purpose, if the court had not sufficient authority to see their decrees executed”: at 1083.
"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
Is a contempt proceeding, even one involving civil contempt as in the present case, quasi-criminal nature? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
What is the relevant time period when considering delay in a civil contempt proceeding? (British Columbia, Canada)
What is the legal test for a personal representative to proceed in a personal injury proceeding? (British Columbia, Canada)
Is a class action proceeding preferable to an individual action proceeding? (British Columbia, Canada)
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)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
Does issue estoppel create unfairness through according preclusive effect to the results of a prior proceeding in a subsequent proceeding? (British Columbia, Canada)
What is the test for contempt of court proceedings in civil cases? (British Columbia, Canada)
