What is the effect of a motion judge’s consideration of the seriousness of the contempt finding?
Ontario, Canada
The following excerpt is from Ting v. Borrelli, 2021 ONSC 952 (CanLII):
The Ontario Court of Appeal in Ruffolo v. David, 2019 ONCA 385, at paras. 5 and 8, affirmed the principle articulated in Sabourin that the motion judge’s consideration of the seriousness of the contempt, and the use of the sanction, whether to bring about compliance or to punish the contemnor, are integral to the nature and character of the contempt proceeding and essential to an appellate court’s full appreciation of the disposition under appeal.
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