The plaintiff brought an amended contempt motion arising from the defendant's failure to produce documents at an examination in aid of execution ordered in judgment enforcement proceedings.
After attending the examination without the required documents, the defendant relied on a bankruptcy filing made the previous day and argued that the stay under s. 69 of the Bankruptcy and Insolvency Act barred further contempt proceedings.
The court rejected that position, holding that contempt proceedings enforcing the court's own orders are not remedies recoverable in bankruptcy and should not be undermined by a subsequent assignment in bankruptcy.
The motion was permitted to proceed to a hearing on whether the defendant was in contempt of the prior order.
