Monetary Penalties (Civil Contempt)

Allied Properties REIT v. 1064249 Ontario Inc., 2018 ONSC 4396 (CanLII)

[7] The parties jointly submit that a fine in the amount of $25,000 is an appropriate penalty. I agree. If a $25,000 fine is imposed no profit will have been realized by the contemnor from its contempt, and the individual behind the contempt will have realized only a significant loss from the contempt. Pursuant to section 143(2) of the Courts of Justice Act, a fine for contempt does not go to the plaintiff but to the Crown.

[8] These financial repercussions are additional to the stigma associated with the finding of contempt against 106 Ontario. The contempt was purged immediately upon order of the Court. The individual behind the contempt, Mr. Faisal Mehboob, has expressed his remorse and provided an apology to the Court for his conduct.

[10] The purpose of a penalty for civil contempt is to enforce compliance with the court order at issue, and to ensure that orders of the courts, both the one in issue and more generally, are respected: Boily v. Carleton Condominium Corporation 145, 2014 ONCA 574, at para 79 (CanLII) (Boily). Deterrence, specific and general, is the most important objective of a contempt penalty. The sentence must “repair the wound and denounce the conduct”: Boily, at para. 105.