PRACTICE |
Contempt of Court |
Long Shong Pictures (H.K.) Ltd. v. NTC Entertainment Ltd.
T-931-99
O'Keefe J.
1/5/00
4 pp.
Defendant Norasia Trading Corp. ordered to appear before Judge to present any defence to charge knowingly disobeyed Court orders--When matter came on for hearing Norasia had filed assignment in bankruptcy--Whether Court can proceed with contempt proceedings when stay of proceedings issued in bankruptcy--Bankruptcy and Insolvency Act, s. 69.3(1) providing on bankruptcy of any debtor, no creditor shall continue any action for recovery of claim until trustee discharged--Neufeld v. Wilson (1997), 45 C.B.R. (3d) 180 (B.C.C.A.) holding s. 69.3(1) not staying contempt proceedings related to non-payment of money--Although opposite result obtained in Tucker v. Jollimore (1978), 29 C.B.R. (N.S.) 198 (N.S.S.C.T.D.), Court preferring decision in Neufeld as this motion dealing only with alleged failure of Norasia to obey order of Federal Court of Canada--Court must have power to see its orders followed--At this stage, no concern with respect to enforcement of claim provable in bankruptcy as Norasia not yet found guilty of contempt--Court can proceed with contempt proceedings--Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3, s. 69.3(1) (as enacted by S.C. 1992, c. 27, s. 36).