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Apr 24, 2017

Supreme Court of Canada decision: Contempt & Actual Knowledge


The Supreme Court of Canada released the following decision:

Pintea v. Johns, 2017 SCC 23, File no. 37109

(The common law of civil contempt requires that the respondents prove beyond a reasonable doubt that Mr. Pintea had actual knowledge of the Orders for the case management meetings he failed to attend.  The case management judge failed to consider whether Mr. Pintea had actual knowledge of two of the three Orders upon which she based her decision. The respondents concede that the requirements of Rule 10.52(3)(a)(iii) of the Alberta Rules of Court, Alta. Reg. 124/2010, were not met with respect to these two Orders.  As a result, the finding of contempt cannot stand.)
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