Can a contemnor be sent to prison or fined for contempt of court?

British Columbia, Canada


The following excerpt is from Luu v. Wang, 2009 BCSC 1786 (CanLII):

Rule 56 of the Rules of Court gives the court jurisdiction to punish a contemnor by committal to prison or by the imposition of a fine or both. In civil contempt cases the court will take the following factors into account when determining the appropriate punishment: (a) the gravity of the offence; (b) the need to deter the contemnor; (c) the past record and character of the respondent, and in particular whether the alleged contemnor has committed previous contempts; (d) the protection of the public; (e) the successful party's ability to realize the judgment; and (f) the extent to which the breach was intended. Law Society of British Columbia v. Hanson, 2004 BCSC 825, at para. 18, affirmed 2005 BCCA 354.

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