Is it an error in law for a judge hearing a motion for contempt of court to turn her mind to whether there is a reasonable alternative?
Ontario, Canada
The following excerpt is from Cummins v. Town of Milton, 2021 ONSC 7181 (CanLII):
In fact, even in the context of a family law case where a parent has clearly violated a court order for child care, it is an error in law for the judge hearing a motion for civil contempt to not turn her mind to whether there is a reasonable alternative available such that the exercise of discretion to decline such a serious remedy could prevail. Chong v. Donnelly, 2019 ONCA 799.
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