Appellant
Respondent
Background: B & B Barges Ltd. owned two barges, the "Colleen Z" and the "Meldella," used as a floating cookhouse and bunkhouse for workers of Twenty Ten Timber Products Sales Ltd. The barges went adrift and grounded on Crown land.
Legal Issue: The case revolved around civil contempt for failing to comply with a mandatory court order to remove the barges from Crown land. B & B Barges Ltd. argued that civil contempt should require proof of the ability to comply with the order.
Court Orders and Contempt: The Province of British Columbia issued three trespass notices and sought a mandatory injunction for the barges' removal, granted by Justice Baird. B & B Barges Ltd. failed to comply, citing financial incapacity.
Judicial Reasoning: Justice Fisher, delivering the judgment, applied the three-element test for civil contempt from Carey v. Laiken, dismissing B & B's argument for an additional requirement to prove the ability to comply. The court found no genuine efforts by B & B to comply with the order and deemed the evidence of financial incapacity insufficient.
Outcome: The appeal was dismissed. The court upheld the finding of contempt, emphasizing that the test in Carey v. Laiken applied to both mandatory and prohibitory orders. No specific costs or awards were detailed in the summary provided.
Court
Court of Appeals for British ColumbiaCase Number
CA47327Practice Area
Civil litigationAmount
Winner
RespondentTrial Start Date
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