Fasken Martineau’s Litigation and Dispute Resolution group is pleased to invite you to this seminar on contempt of court as a penalty for violating an injunction.
What should you do when the defendant refuses to obey the injunction you have obtained? In such circumstances, proceedings for civil contempt of court and the associated sanctions, including possible incarceration, are the last resort. The purpose of such proceedings is to ensure both that the order is enforced and that the dignity and respect it is due are maintained.
Proceedings for civil contempt of court are quasi-criminal, which affects the applicable procedure and burden of proof. The outcome is likely to be unsuccessful if you don’t know the principles, given that the procedure is strict and rigorous, and that the applicant must prove all the elements of contempt beyond a reasonable doubt.
Our speakers will summarize the legislative provisions and the principles developed in the jurisprudence and doctrine on civil contempt that are likely to apply to injunctive proceedings. The following will be addressed: the nature and basis of contempt of court, the applicable procedure, the burden of proof with respect to each element of contempt and the sanction.
This training session is an invitation only event. For all queries, please contact Stéfanie Fréchette at 514 397 7508 or sfrechette@fasken.com.
Don’t miss our next training session on November 8, 2017: Employment and commercial non-compete clauses.
