What are the principles governing the imposition of a civil contempt penalty?

British Columbia, Canada


The following excerpt is from College of Physicians and Surgeons v Ezzati, 2021 BCSC 205 (CanLII):

The principles governing the imposition of a penalty for civil contempt were set out by the Court in Law Society of British Columbia v. Bryfogle, 2012 BCSC 59 at para. 80, and they are: 1. the gravity of the offence; 2. the need to deter the offender; 3. the past record and character of the offender and, in particular, whether this was a first offence; 4. the need to protect the public from the offender’s misconduct; 5. the extent to which the offender is able to pay a monetary penalty; and 6. the extent to which the breach was flagrant and wilful and intended to defy the court’s authority.

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