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Civil Contempt - Rules of Civil Procedure

. Astley v Verdun

In Astley v Verdun (Ont CA, 2015) the Court of Appeal stated that a court can have reference to the Criminal Code for guidance in contempt proceedings (here in imposing a conditional sentence), but the Criminal Code provisions are not binding:
[3] This process started as a civil contempt process and retains that character. 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.

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Last modified: 01-01-23
By: admin