In litigation, there are times when a party may disregard a court order, whether it pertains to payments, attendance, or other matters relevant to the ongoing enforcement process.
Ignoring a court order can result in the party being held in contempt of court. The Ontario Court of Appeal, in its recent ruling in Perley-Robertson, Hill & McDougall LLP v. Eureka 93 Inc., 2025 ONCA 95 (CanLII), outlined key principles for contempt orders.
The ONCA clarified that to establish contempt, the party alleging it must prove three elements beyond a reasonable doubt:
- The order in question must be clear and unequivocal.
- The defendant must have knowledge of the order.
- The defendant must have willfully breached the order.
When it comes to penalties for contempt, the Court noted that judges have “broad” discretion, allowing them to impose any order deemed “just,” including imprisonment.
The determination of an appropriate sanction is, somewhat like criminal sentencing, based on the consideration of a number of factors, including “proportionality”, “aggravating and mitigating” circumstances, “deterrence and denunciation”, “similarity of sentence” and the “reasonableness” of a fine or incarceration.
While imprisonment is generally considered a last resort, it can be imposed in cases where the breach is “willful and flagrant,” displaying a “callous disregard for the court’s authority” or causing significant harm to the other party.
As such it is essential that parties do not ignore court orders and/or proceedings as it could ultimately lead to imprisonment.
If you have any questions about contempt or any other collection-related matter, feel free to reach out to anyone on our dedicated team at Andriessen & Associates.
Ariel Dorfman, Associate Lawyer