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Court Procedures Rules
2443Enforcement—undertakings
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2443 Enforcement—undertakings
(1) An undertaking to the court, other than for the payment of money,
may be enforced in 1 or more of the following ways:
(a) punishment for contempt of the person liable under the
undertaking;
(b) an order for seizure and detention of property against the person
liable under the undertaking;
Note For provisions about orders for seizure and detention of property,
see div 2.18.15.
(c) if the person liable under the undertaking is a corporation—
without limiting paragraphs (a) and (b), the following:
(i) punishment for contempt of any senior officer of the
(2) Also, if the undertaking is an undertaking to do an act, the court
may—
(a) appoint someone else to do the act; or
(b) order the person liable under the undertaking to pay the costs
and expenses caused by the failure to do the act.
(3) An undertaking for the payment of money may be enforced as if it
were a money order.
Rule 2444
(4) If a party is in breach of an undertaking, another party may apply for
compensation to the court in the proceeding in which the undertaking
was given.
compensation under this rule.
(5) If the court decides that—
(a) a party is in breach of an undertaking; and
(b) another party has sustained a loss because of the breach; and
(c) the party in breach should pay the other party compensation for
the loss;
the court may make an order against the party in breach for the
amount the court decides should be paid.