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LawyerProfessor
LawyerProfessor, Lawyer
Category: Canada Law
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Experience:  Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
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What Happens If You Dont Follow a Court Order

Customer Question

What Happens If You Don't Follow a Court Order
Submitted: 7 years ago.
Category: Canada Law
Expert:  Legal Ease replied 7 years ago.
Can you first let me know what the order if for?
Expert:  LawyerProfessor replied 7 years ago.

Failing to comply with an order of the court is a very serious matter.

 

Under Rule 60 of the Rules of Civil Procedure, you can be held in contempt of court. If a motion is brought by an interested party to hold you in contempt, a judge can make one of the following orders:

 

1. That you be imprisoned for a period of time that is just,

2. That you be imprisoned if you fail to comply with a term of the order

3. That you pay a fine

4. That you do or refrain from doing an act, ie, listing the property

5. That you pay costs

6. Order that something called a Writ Sequestration be issued allowing the Sheriff to take possession of the property and hold it until the order is complied with.

 

Now, don't be alarmed by the severe nature of some of these potential orders. Generally, the court will not take extreme measures unless and until such time as it determines that lesser remedies would not be effective. It would likely first demand a reasonable explanation for non-compliance and then make an order to comply coupled with strict timelines. If the party does not then comply, the matter would likely return to court and a more serious position taken by the court.

 

Hope this helps you.

 

You can view the Rules of Civil Procedure online at

 

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900194_e.htm

 

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