Enforcement of Equitable Court Orders

AuthorJeffrey Berryman
Pages438-448
438
CHAPTER 16
ENFORCEMENT OF
EQUITABLE COURT
ORDERS
A. INTRODUCTION
Equitable court orders of injunction and specif‌ic performance are prin-
cipally enforced through contempt of court proceedings. Enforcement
through the use of the court s’ most coercive powers has been one of the
distingui shing features of equitable relief. All superior courts of record
have as an aspect of their respective inherent jurisdictions the power
to exercise contempt of court powers. This power can be conferred by
statute on other inferior bodies, but it cannot be removed from super ior
courts unless by constitutional amendment.1
The courts have repeated on many occasions that the reason for
exercising the contempt power is primarily to maintain t he rule of law,
to maintain court process, and to uphold the dignity and respect for
courts.2
B. CIVIL AND CRIMINAL CONTEMPT
The contempt of court power serves two distinct functions. One is to
ensure that the court’s order is obeyed as between the parties — this is
1 See MacMillan Bloedel Ltd. v.Simpson, [1995] 4 S.C.R. 725 [Simpson].
2 United Nurses of Alberta v. Alber ta (Attorney General),[1992] 1 S.C.R. 901 at para.
50 [United Nurses of Alberta].

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