What is the appropriate penalty for contempt in a contempt proceeding?

As to penalty for the contempt, I think it appropriate to follow the procedure outlined in Courtney v. Sambray, [2015] O.J. No. 4087. As counsel have not made submissions on penalty in light of my finding, I think it appropriate to adjourn the penalty phase of the contempt proceeding. This will allow the respondent an opportunity to purge her contempt by affording telephone access in compliance with Justice Madsen’s order. Such action on her part would certainly be a mitigating factor in any penalty for contempt. Indeed, if there is a reversal on the part of the respondent’s attitude and behaviour, it may well be that no penalty is required.