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ARTICLE · 04 NOVEMBER 2022

75-day House Arrest Ordered For Contempt In A Defamation Case

Gardiner Roberts LLP
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Civil contempt is a procedure that is used to ensure that a court order is obeyed.

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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In a previous blog dated June 30, 2022, my colleague James Cook wrote about the award granted to a university instructor who was defamed on Twitter by a political activist, CH. The case was Post v. Hillier, 2022 ONSC 3793 (CanLII). In an addendum to the decision, Mr. Cook noted that CH had been found in contempt of court for failing to obey the original order and that she was ultimately sentenced to 75-days house arrest, with probation to follow. This blog expands on the issue of sentencing for contempt based on this case.

Civil contempt is a procedure that is used to ensure that a court order is obeyed. Where a party to litigation fails to obey a court order, a motion can be brought to hold the party in contempt of court. Courts have noted that their orders must be obeyed otherwise the justice system will be ineffective. In Mercedez-Benz Financial v. Ivica Kovacevic, 2009 CanLII 9423 (ONSC), the court stated as follows:

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