What is the discretionary power of a judge hearing a contempt motion to decline to impose a finding where it would work an injustice in the circumstances of the case?
Ontario, Canada
The following excerpt is from Grovum v. Kouznetsov, 2018 ONSC 1887 (CanLII):
In para. 38 of Carey v. Laiken, Justice Cromwell, who wrote the decision on behalf of the court, refers to but does not delineate the discretionary power of the judge hearing a contempt motion to decline to impose a contempt finding “where it would work an injustice in the circumstances of the case”.
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