Alison M. Webster

Following an earlier finding of civil contempt for breaching a court order requiring delivery of confidential documents to a supervising solicitor, the court addressed penalty and costs.

The contemnor had deliberately retained and disseminated documents despite a clear order, interfering with the administration of justice.

The court considered the principles governing civil contempt sanctions under Rule 60.11 of the Rules of Civil Procedure, emphasizing deterrence and denunciation while noting that incarceration is typically a last resort.

Although the conduct was wilful and reckless, it did not involve repeated defiance warranting imprisonment.

The court imposed a $5,000 fine payable within 60 days, failing which a 10‑day custodial sentence would apply, and ordered full indemnity costs of $58,000.

In a contempt proceeding arising within complex commercial litigation involving egg producers, the court addressed scheduling and procedural directions for the penalty and costs phase following a prior finding of contempt.

The responding party sought to finalize penalty before an upcoming appeal to avoid fragmented appellate proceedings.

The court considered appellate guidance discouraging fragmented appeals where the contempt disposition had not yet been completed.

The court scheduled the penalty hearing and established timelines for service of supplementary materials and potential intervention motions under the Rules of Civil Procedure.

Directions were also provided regarding the possibility of viva voce evidence at the penalty hearing.