What is contempt of court and what are the consequences in Ontario?
Contempt of court occurs when a person deliberately disobeys or disregards a court order or interferes with the administration of justice. In Ontario civil litigation, the most common form is civil contempt — for example, refusing to comply with an injunction, failing to comply with a production order, or breaching a restraining order issued in the course of litigation.
To find someone in civil contempt, the court must be satisfied beyond a reasonable doubt that there was a clear order, the alleged contemnor had knowledge of it, and they intentionally failed to comply. The standard is high because contempt findings carry serious consequences.
Sanctions for civil contempt can include fines, costs orders against the contemptuous party, an order for imprisonment (in the most serious cases), and a "unless order" — meaning the contemnor must comply by a specified date or face a more serious sanction such as having their pleadings struck. Courts generally prefer to impose compliance-based remedies rather than punitive sanctions, so showing genuine steps toward compliance can reduce the consequences.
Contempt proceedings are serious and should not be brought lightly. If you believe the other party is breaching a court order, speak with a lawyer before bringing a motion — the procedural requirements are strict and an improperly brought contempt motion can backfire.
Key takeaways
- Civil contempt is the deliberate disobedience of a court order.
- The court must find intentional non-compliance beyond a reasonable doubt.
- Sanctions include fines, costs, "unless orders," and in extreme cases, imprisonment.
- Courts prefer compliance-based remedies; take legal advice before pursuing contempt.