Barrister and Solicitor
Legal Writing and Research
Contempt - Civil
Astley v Verdun (Ont CA, 2015)
In this case the Court of Appeal commented as follows on the criteria available to a judge when deciding the penalty for civil contempt:
The discretion of a judge in civil contempt is governed by rule 60.11 of the Rules of Civil Procedure. A judge is free to use s. 742 of the Criminal Code for guidance in imposing a conditional sentence as penalty for a contempt. However, that does not subject the judge to the constraints of s. 742. It was open to the motion judge to levy a new penalty for the appellant’s breach of the sentencing order for the first contempt regardless of the requirements of s. 742 in the context of criminal contempt.
 As to the penalty, we see that the functions of general and specific deterrence were adequately met by the extension of the conditional sentence by seven months, as the motion judge fully explained in his reasons.