What is the discretionary power of a judge hearing a contempt motion to decline to impose a finding where it would work an injustice in the circumstances of the case?

Ontario, Canada


The following excerpt is from Grovum v. Kouznetsov, 2018 ONSC 1887 (CanLII):

In para. 38 of Carey v. Laiken, Justice Cromwell, who wrote the decision on behalf of the court, refers to but does not delineate the discretionary power of the judge hearing a contempt motion to decline to impose a contempt finding “where it would work an injustice in the circumstances of the case”.

Other Questions


What is the test for a motion judge to decline to make a finding of contempt? (Ontario, Canada)
Is there any case law that supports a motion judge finding that a plaintiff has a genuine issue for trial over an unpaid bonus? (Ontario, Canada)
What considerations must be considered in determining the disposition of a hearing officer’s finding that the penalty imposed by the hearing officer was excessive? (Ontario, Canada)
What is the test for a Motion 14B Motion to obtain assistance from a case management judge? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
Is a judge who exercises his or her discretion on a motion for leave to appeal making a "conflicting decision" when the circumstances of the case are different than in other jurisprudence? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
In what circumstances will a judge find a mother contempt of court for refusing to abide by a parenting order? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
In what circumstances will a judge be bound by the findings of the jury in a motion of no confidence? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.