Fine excessive and amounted to double punishment

Ontario criminal | Contempt of Court

APPEAL

Fine excessive and amounted to double punishment

Accused appeal finding of contempt by court in contentious protracted estate dispute. Accused was ordered to pay out moneys but instead filed motion for passing of accounts in different venue. Judge found actions of accused amounted to contempt, prohibited from taking any further actions involving parties, ordered him to pay $10,000 fine and sentenced him to three days in jail. Appeal allowed in part with fine vacated and prohibition modified. Judge provided valid reasons for holding accused in contempt given his past actions in holding up estate. Fine was excessive and amounted to double punishment given accused was also sentenced to imprisonment. Prohibition order went too far as it barred accused from all future actions and not just those involving estate matters.
Susin v. Susin (Oct. 29, 2014, Ont. C.A., Alexandra Hoy A.C.J.O., K. Feldman J.A., and R.A. Blair J.A., File No. CA C58399) 116 W.C.B. (2d) 597.

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