What is the test for a motion judge to decline to make a finding of contempt?
Ontario, Canada
The following excerpt is from A.K.A. (C) v. T.J.A., 2020 ONSC 3456 (CanLII):
Once the three elements of civil contempt have been established, a motions judge has an obligation to make a further determination as to whether she should exercise her discretion to decline to make a finding of contempt. This is a crucial step. It would be an error in law not to make this determination. See: Chong v. Donnelly, 2019 ONCA 799 at para. 8.
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