Does the failure of the claimant to disclose when the October Order was served on the Respondent is a cause for concern?
British Columbia, Canada
The following excerpt is from M.Y.T.C. v L.H.N., 2018 BCSC 1174 (CanLII):
I do note that the failure of the claimant to disclose when the October Order was served on the respondent is a cause for concern. There is a positive duty on a party and their counsel, as officers of the court, to fully disclose relevant evidence. A contempt application has been described as quasi-criminal; there is a high onus on the party seeking a contempt order as they can have significant and penal consequences: Carey v. Laiken, 2015 SCC 17 at para. 32.
"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
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
Is there any case law where the claimant was ordered to delete all of the respondent's emails from his personal email account? (British Columbia, Canada)
Can a plaintiff set aside an order dismissing her claim for failure to attend a case management hearing and comply with case management orders? (British Columbia, Canada)
Can knowledge of a cause of cause be used as grounds for cause of dismissal? (British Columbia, Canada)
Does a Respondent have accepted the jurisdiction of the Court as a result of the Respondent's failure to attend the hearing? (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 submission of the Respondent on an interim order to order a primary parent to continue as the primary parent of the child pending trial? (British Columbia, Canada)
