What is the impact of past contemptuous conduct of the claimant on her application to obtain leave to prevent future contempt applications?

British Columbia, Canada


The following excerpt is from L.S. v. G.S., 2016 BCSC 1130 (CanLII):

Second, the claimant’s past contemptuous conduct is a factor which is relevant to my consideration of her application to require that leave be obtained before any type of contempt application could be made. Findings of contempt are always serious, as contemptuous conduct strikes at the heart of the rule of law, Larkin v. Glase, 2009 BCCA 321. In this case, Mr. Justice Smith found the claimant to have engaged in a continuing pattern of contemptuous behaviour, aspects of which he found “particularly offensive” (see: G.S. v. L.S., 2013 BCSC 1725 at para. 22). I consider her past conduct weighs against her application to obtain a level of protection from future contempt applications - particularly where the claimant, as well as the respondent, have been responsible for the many applications which have been brought before the court in recent years.

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