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Rule Details

1254748 ALBERTA LTD v MCBURNEY

Citation 2024 ABKB 732
Court Court of King's Bench of Alberta
Year 2024
Justice LEMA J

Rules Discussed

  • Rule 5.12 Penalty for not serving affidavit of records
  • Rule 10.51 Order to appear
  • Rule 10.52 Declaration of civil contempt
  • Rule 10.53 Punishment for civil contempt of Court

Case Summary

The Plaintiffs sought a Declaration that the Defendants were in civil contempt pursuant to Rules 5.12, 10.51, 10.52, and 10.53, and an Order striking the Defendants’ Statement of Defence and Counterclaim. The Court found the Defendants were in contempt pursuant to three different Court Orders. After considering the jurisprudence on the appropriate sanction for contempt, the Court struck the Defendants’ Statement of Defence and Counterclaim, concluding that striking the pleadings was a sufficient sanction in the circumstances, and that neither imprisonment nor a fine was warranted.

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