A journalist was subpoenaed to testify in a civil action and refused to reveal the identity of a confidential source.
The trial judge cited the journalist for contempt and, after the source voluntarily came forward, found the journalist in civil contempt and ordered him to pay $31,600 in costs.
On appeal, the Court of Appeal set aside the contempt finding and costs order.
The Court held that the trial judge erred by failing to apply the Wigmore criteria to the privilege claim before citing for contempt, and by failing to use the contempt power cautiously and as a last resort in accordance with the Dagenais/Mentuck test to minimize the impact on Charter rights.
