Contempt of Court - Revision history

Drew Jackson at 16:45, 13 October 2018

2018-10-13T16:45:42Z

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	== Client problems==		== Client problems==
	* ~~Client~~ is going to refuse to attend a trial, even though they have received a summons to appear.		*Client is going to refuse to attend a trial, even though they have received a summons to appear.
	* Creditor is threatening to put client in jail unless a debt is paid.		*Creditor is threatening to put client in jail unless a debt is paid.
	* Judge has told client that they could be jailed if a payment order is not obeyed.		*Judge has told client that they could be jailed if a payment order is not obeyed.
	* Client was served with a notice to appear in court, and the bailiff said the client could be arrested and jailed if they do not appear at the hearing.		*Client was served with a notice to appear in court, and the bailiff said the client could be arrested and jailed if they do not appear at the hearing.
	* Client asks what will happen if they fail to appear for a court hearing for which the client has been given a notice saying that they must appear.		*Client asks what will happen if they fail to appear for a court hearing for which the client has been given a notice saying that they must appear.
	* Client asks what will happen if they refuse to make payments on a judgment, even though there is an ability to pay and an order to make instalment payments.		*Client asks what will happen if they refuse to make payments on a judgment, even though there is an ability to pay and an order to make instalment payments.

	== Summary of the law==		== Summary of the law==

Drew Jackson: /* Civil Resolution Tribunal */

2018-10-12T16:09:17Z

Civil Resolution Tribunal

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	=== Civil Resolution Tribunal ===		=== Civil Resolution Tribunal ===
	A person who fails or refuses to comply with an order of the tribunal is liable, on application to the Supreme Court, to be punished for contempt ([~~http~~://canlii.ca/t/~~8qq7 ''Civil Resolution Tribunal Act''] (~~section 60)).		A person who fails or refuses to comply with an order of the tribunal is liable, on application to the Supreme Court, to be punished for contempt (''Civil Resolution Tribunal Act'', [https://www.canlii.org/en/bc/laws/stat/sbc-2012-c-25/latest/sbc-2012-c-25.html#sec60_smooth section 60]).

	=== Small Claims Court===		=== Small Claims Court===

Elena Renderos at 02:30, 2 October 2018

2018-10-02T02:30:24Z

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	== Summary of the law==		== Summary of the law==
			[[File:Consumer_Law_and_Debt_-_Contempt_of_Court.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	Imprisonment for debt was abolished in British Columbia well over a hundred years ago. The principle that a person cannot be imprisoned for debt is specifically stated in s. 51 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''].		Imprisonment for debt was abolished in British Columbia well over a hundred years ago. The principle that a person cannot be imprisoned for debt is specifically stated in s. 51 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''].

Elena Renderos at 19:45, 19 September 2018

2018-09-19T19:45:41Z

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	== Related topics and materials==		== Related topics and materials==
	See the other sections on going to court:		See the other sections on going to court:
	* Court Process in Consumer and Debt ~~Matters~~		* [[Court Process in Consumer and Debt Matters]]
	* ~~Limitations~~		* [[Limitations]]
	* Instalment Payment ~~Orders~~		* [[Instalment Payment Orders]]
	* Foreign Claims and ~~Judgments~~		* [[Foreign Claims and Judgments]]

	See related topics:		See related topics:
	* Bailiffs and ~~Sheriffs~~		* [[Bailiffs and Sheriffs]]

Elena Renderos at 00:42, 17 September 2018

2018-09-17T00:42:02Z

← Older revision		Revision as of 00:42, 17 September 2018
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	See related topics:		See related topics:
	* Bailiffs and Sheriffs		* Bailiffs and Sheriffs


	{{Consumer and Debt Law Navbox\|type = court}}		{{Consumer and Debt Law Navbox\|type = court}}

Elena Renderos at 00:15, 17 September 2018

2018-09-17T00:15:35Z

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	Rule 22-8 states that certain acts are in contempt of court, including any act or omission described in Rule 22-7(5) or Rule 12-5(25). The actions listed in these two rules are similar to some of the contemptuous acts outlined under the discussion of contempt for Small Claims Court. They include:		Rule 22-8 states that certain acts are in contempt of court, including any act or omission described in Rule 22-7(5) or Rule 12-5(25). The actions listed in these two rules are similar to some of the contemptuous acts outlined under the discussion of contempt for Small Claims Court. They include:
	* neglect of a subpoena (official order to attend court) to go to court		* neglect of a subpoena (official order to attend court) to go to court
	* neglect of a subpoena to attend an examination in aid of execution (a post-judgment examination process, governed by Rule 13-4)		* neglect of a subpoena to attend an [[Examination of Debtors\|examination in aid of execution]] (a post-judgment examination process, governed by Rule 13-4)
	* refusal to be sworn (to affirm) or answer questions at trial		* refusal to be sworn (to affirm) or answer questions at trial

Elena Renderos at 00:09, 17 September 2018

2018-09-17T00:09:03Z

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	==== The arrest process====		==== The arrest process====
	Under Small Claims Rule 14, a person who is ordered to be '''arrested for contempt''' is initially notified with an arrest order, and not actually arrested. The person has seven days to arrange with a court registrar to attend court voluntarily. If the person fails to do this, a sheriff or peace officer can arrest the person after that time. If the person is arrested, they must be brought to court right away. The person may be released immediately, with the court making an order that they attend on another date to deal with the matter while the creditor is present.		Under Small Claims Rule 14, a person who is ordered to be '''arrested for contempt''' is initially notified with an arrest order, and not actually arrested. The person has seven days to arrange with a court registrar to attend court voluntarily. If the person fails to do this, a [[Bailiffs, Court Bailiffs and Sheriffs\|sheriff]] or peace officer can arrest the person after that time. If the person is arrested, they must be brought to court right away. The person may be released immediately, with the court making an order that they attend on another date to deal with the matter while the creditor is present.

	==== The imprisonment process====		==== The imprisonment process====

Elena Renderos at 19:07, 12 September 2018

2018-09-12T19:07:26Z

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	In any level of court, contempt usually arises in one of two situations:		In any level of court, contempt usually arises in one of two situations:
	* Failure to obey an order to appear for a hearing when there has been proper notice of the hearing.		* '''Failure to obey an order to appear''' for a hearing when there has been proper notice of the hearing.
	* Failure to make a payment on a judgment when the debtor is clearly able to make payment.		* '''Failure to make a payment''' on a judgment when the debtor is clearly able to make payment.

	=== Civil Resolution Tribunal ===		=== Civil Resolution Tribunal ===

Elena Renderos at 19:06, 12 September 2018

2018-09-12T19:06:03Z

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 {{REVIEWEDPLS | reviewer = [[Alison Ward]]|date= August 2018}}{{Consumer and Debt Law TOC|expanded = goingcourt}}
-{{ambox
+'''Contempt of court''' can arise when a party fails to obey an order to appear for a hearing or fails to make a payment on a judgment when they are clearly able to do so.
-| type       = content
-| small      = center
+== Client problems==
-| image      =
+* Client is going to refuse to attend a trial, even though they have received a summons to appear.
-| smallimage =
+* Creditor is threatening to put client in jail unless a debt is paid.
-| textstyle  =
+* Judge has told client that they could be jailed if a payment order is not obeyed.
-| text       = This page is in the process of being updated. Please check back shortly.<br>
+* Client was served with a notice to appear in court, and the bailiff said the client could be arrested and jailed if they do not appear at the hearing.
-| smalltext  =
+* Client asks what will happen if they fail to appear for a court hearing for which the client has been given a notice saying that they must appear.
-}}
+* Client asks what will happen if they refuse to make payments on a judgment, even though there is an ability to pay and an order to make instalment payments.
 {{Consumer and Debt Law Navbox|type = court}}

Drew Jackson at 04:28, 29 August 2018

2018-08-29T04:28:46Z

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	}}		}}

	{{Consumer and Debt Law Navbox\|type = ~~consumer~~}}		{{Consumer and Debt Law Navbox\|type = court}}

	{{Creative Commons for PLS		{{Creative Commons for PLS