Contempt: In the Common Law, but not the Civil Law

Abstract

To allow Court orders to be disobeyed would be to tread the road towards anarchy. If the orders of the Court can be treated with disrespect, the whole administration of justice is brought into scorn. Daily, thousands of Canadians resort to our Courts for relief against the wrongful acts of others. If the remedies that Courts grant to correct those wrongs can be ignored, then there will be nothing left but for each person to take the law into his own hands. Loss of respect for the Courts will quickly result in the destruction of our society. [O'Leary J, inCanada Metal Co. Ltdv.Canadian Broadcasting Corporation(1975) 48 DLR 3d 641, 669 (High Court of Ontario)]

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