Monday, April 18, 2011

In general, a court will not hear a litigant who has wilfully breached a court order until the litigant has cured the breach

Oelbaum v. Oelbaum, 2011 ONCA 300 is a very current source for the principle set out above. The Court holds:

[9]              We accept the respondent's submission. In Dickie v. Dickie [2007], 1 S.C.R. 346, the Supreme Court of Canada affirmed the general rule that a court will not hear a litigant who has wilfully breached a court order until the litigant has cured the breach. This discretion is grounded in the inherent jurisdiction of the court to control its own processes and in s. 140(5) of the Courts of Justice Act, R.S.O. 1990 c. C.43, which gives the court express power to stay or dismiss a proceeding as an abuse of process

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