April 23, 2025 – Limits on Powers of Contempt Findings

“With respect to items #5 and #6, first, I cannot make an order for a finding of contempt with respect to alleged lies told to a judge at a conference or for allegedly bribing or influencing witnesses.  The first requirement for proving contempt is that it must be contempt of a court order.  The Applicant has not referred to court orders.  There may be different routes to address her concerns about items #5 and #6, but it is not by bringing a motion for contempt of a court order.  Further, conferences are confidential. Statements made at conference cannot be disclosed to any other judge except in very limited circumstances.  Rule 17(23) states:

(23) No brief or evidence prepared for a settlement conference and no statement made at a settlement conference shall be disclosed to any other judge, except in,

(a)  an agreement reached at a settlement conference; or

(b)  an order. O. Reg. 114/99, r. 17 (23). [emphasis added]”

          Shaganenko v. Shaganenko, 2021 ONSC 3042 (CanLII) at 8

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