Contempt fines payable to the Province

In a contempt case Rule 60.11(5) allows the judge, where contempt is shown:

[to] make such order as is just, and where a finding of contempt is made, the judge may order that the person in contempt,
(a) be imprisoned for such period and on such terms as are just;
(b) be imprisoned if the person fails to comply with a term of the order;
(c) pay a fine;
(d) do or refrain from doing an act;
(e) pay such costs as are just; and
(f) comply with any other order that the judge considers necessary,

and may grant leave to issue a writ of sequestration under rule 60.09 against the person’s property.

The payment of a fine is a common punishment for contempt. The fine, however, goes to the Province and not the moving party as made clear by yesterday’s decision in SNC-Lavalin Profac Inc. v. Sankar, 2009 ONCA 97. The Court writes:


[14] Contempt of court for breach of a court order is an offence against the authority of the court and the administration of justice. As Cumming J. said in Sussex Group Ltd. v. 3933938 Canada Inc. (c.o.b. Global Export Consulting), 2003 CanLII 49334 ( Ont. S.C.), at para. 13: “It does not have, and must not appear to have, the function of a civil action in tort or for breach of contract.” See also Royal Bank of Canada v. Yates Holding Inc., 2007 CanLII 23601 ( Ont. S.C.), per Cumming J., at para. 19. A fine for contempt of court, therefore, should not go to the plaintiff in the lawsuit.