Can a court order substantial indemnity costs against a father who has consistently breached the terms of a restraining order?

Prince Edward Island, Canada


The following excerpt is from D.E.M. v. J.M.M., 2011 PECA 16 (CanLII):

The motions judge drew a direct correlation between the father’s conduct comprising contempt and the higher scale and broader scope of his costs order. This is permissible. The father’s conduct appears to me to fall within the rubric of “reprehensible, scandalous or outrageous conduct on the part of one of the parties” that can justify an order for substantial indemnity costs, as stated in Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3 (L’Heureux-Dubé J. at p.153). Persistent ignoring and contravening the terms of a court order is reprehensible because it undermines the fundamental principles of the justice system.

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