Enforcement of Equitable Court Orders

• Author: Jeffrey Berryman
• Pages: 438-448

438

CH AP TER 16

ENFORCEMENT OF

EQUITABLE COURT

ORDER S

A. INT RODUCT ION

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 re spective inherent jurisdict ions 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 c onstitution al 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 proce ss, and to uphold the dignity and respect for

courts.2

B. CIV IL AND CRI MINAL CONTEMPT

The contempt of court power serves two distinct funct ions. One is to

ensure that the court’s order is obeyed as b etween 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].