Supreme Court

Decision Information

Manj v Dhamija

Court Supreme Court
Date 1997-05-20
File numbers CV 06447
Judge(s) Schuler
Location Yellowknife
Cases and statutes considered Statutes considered:
Rules of the Supreme Court of the Northwest Territories, Rule 703(1), Rule 704, Rule 705(1)(d)(iii), Rule 236(1)
Decision information:

Summary: Declaration of civil contempt for failure to attend. Defendant's counsel advised plaintiff's counsel that defendant was leaving Canada for employment as pilot in Maldives, would not return until January and, therefore, would not be available for examination in November. Plaintiff issued and served Notice of Appointment for November anyways. Defendant did not attend. Court stated power to cite in contempt is a sanction not light used. November was first date scheduled. Had been no attempt to schedule when Defendant said he would be available. No evidence Defendant trying to avoid being examined.
Decision: Court declined to declare defendant in civil contempt. Examination to be scheduled for January, when defendant is available.
Subjects: Contempt of court - Conduct constituting contempt - Disobedience of order - Order to attend for examination

Decision Content

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