“Purging” contempt in Ontario means correcting your disobedient actions to avoid severe penalties. If a judge finds you in contempt, they will typically grant you a 30 to 60-day grace period with strict conditions you must meet to purge your contempt and stay out of jail.
Hearing an Ontario family court judge declare that you are “in contempt of court” is a terrifying moment. It means the judge has determined, beyond a reasonable doubt, that you intentionally violated a legally binding court order regarding property, spousal support, or parenting time. However, the justice system is generally designed to secure compliance rather than simply to punish.
Because family law deals with ongoing relationships, the courts employ a two-step process. First comes the “finding” of contempt, and later comes the “sentencing.” Between these two steps lies the critical concept of “purging.” Whether you are in a courtroom in Brampton, Hamilton, or London, purging is your second chance. It is the legal pathway to fix your mistakes, follow the original order, and avoid catastrophic financial fines or imprisonment. This guide explains exactly how a contemnor can purge their behaviour and escape the heaviest sanctions. 💼
Step-by-Step Process for Purging Contempt in Ontario
The purging process is highly structured. It requires strict obedience to the judge’s new instructions. Failure to follow these steps precisely will result in immediate sentencing.
Step 1: Understanding the Finding of Contempt
The process begins when the judge officially rules that you willfully disobeyed a clear court order. The judge will issue a written endorsement detailing exactly what you did wrong.
At this stage, you are officially a “contemnor.” The judge will then adjourn (pause) the proceedings and schedule a separate Sentencing Hearing. This pause is not a victory; it is a highly stressful probation period where you must prove to the court that you are ready to respect the rule of law. ⏱️
Step 2: Reviewing the Purge Conditions
During the adjournment, the judge will explicitly outline your “purge conditions.” These are the specific tasks you must accomplish before the sentencing date to clear your name.
Purge conditions are entirely dependent on your original violation. If you refused to hand over your child’s passport, the purge condition will be delivering the passport to your ex’s lawyer by Friday at noon. If you refused to transfer $50,000 in corporate assets, the condition will be signing the bank transfer documents immediately. 📝
Step 3: Executing the Purge Conditions Perfectly
There is absolutely no room for negotiation during the purge period. You cannot offer a partial payment or ask for an extension on the deadline. You must comply perfectly.
Your law firm will usually coordinate the execution of these conditions to create a verifiable paper trail. For example, your lawyer will send the signed property deeds via tracked courier or facilitate the exchange of funds through the law firm’s trust account. This ensures your ex-partner cannot falsely claim you failed to comply. 💰
Step 4: Returning for the Sentencing Hearing
Once the grace period expires, both parties must return to the Superior Court of Justice for the Sentencing Hearing. Your lawyer will present an Affidavit proving that you have successfully completed all the purge conditions.
If the judge agrees that you have fully purged the contempt, they will not impose jail time. However, the matter is not entirely closed. Even if you purged, the judge will almost certainly order you to pay a substantial portion of your ex-partner’s legal fees because you forced them to bring the contempt motion in the first place. 💰
Step 5: Facing Penalties if the Purge Fails
If you return to the Sentencing Hearing and have failed to purge the contempt-or simply refuse to do so-the judge will bring down the hammer.
The penalties under Rule 31 are severe. The judge can fine you thousands of dollars, strike your pleadings (meaning you lose the right to participate in the rest of your divorce trial), or sentence you to a term of imprisonment in a provincial jail. Ontario judges have jailed parents for repeatedly and maliciously withholding children from the other parent. 🚨
How Much Does Contempt Cost You?
Being found in contempt is a massive financial blow, even if you successfully purge it before sentencing.
- Opposing Party’s Legal Costs: Ontario courts routinely award “full indemnity” costs against a contemnor. Expect the judge to order you to pay $5,000 to $15,000 CAD to cover your ex-partner’s lawyer fees.
- Court Fines: If you fail to purge, the court can impose a punitive fine paid directly to the government, often ranging from $2,000 to $10,000 CAD depending on the severity.
- Your Own Legal Fees: Retaining a lawyer to defend you during the sentencing hearing and assist with the purge execution generally costs $3,500 to $8,000 CAD.
| Contempt Status | Likelihood of Imprisonment | Financial Consequence |
|---|---|---|
| Successfully Purged | Extremely Low | Must pay ex’s legal costs |
| Failed to Purge (Financial Breach) | Moderate | Fines, asset seizure, lost pleadings |
| Failed to Purge (Child Abduction/Safety) | Very High | Massive fines, jail time, lost parenting time |
Remember, filing for bankruptcy does not erase court-ordered fines or cost awards related to family law contempt.
How Long Does the Process Take?
When a judge makes a finding of contempt, they usually grant a grace period of 30 to 60 days for the contemnor to complete the purge conditions. The subsequent Sentencing Hearing is scheduled immediately after this deadline. If a contemnor continues to defy the court, a judge can issue a warrant for their committal (imprisonment) which is executed by local police within a few days.
Frequently Asked Questions (FAQ)
What happens if I simply cannot afford to purge the financial contempt?
If the purge condition involves paying a massive sum of money that you genuinely do not have, your lawyer must present overwhelming financial evidence of your inability to pay. You cannot be imprisoned for being poor, but you can be penalized if the judge believes you are intentionally hiding assets.
Does purging erase the contempt from my record?
No. Purging simply prevents the most severe penalties like jail time. The formal finding of contempt remains permanently on your family court file, which will severely damage your credibility with the judge in all future hearings.
Will I lose my parenting time if I fail to purge?
Yes, it is highly likely. If you are in contempt for alienating the child or refusing to follow the parenting schedule, a judge has the power to drastically reduce your parenting time or transfer sole decision-making responsibility to your ex-partner.
What does “striking pleadings” mean?
If you fail to purge, the judge can “strike your pleadings.” This means the court throws out all of your legal claims and defences. Your ex-partner will then likely win the entire divorce case by default, getting exactly what they asked for.
Can the Family Responsibility Office (FRO) find me in contempt?
No, the FRO is an administrative agency, not a judge. However, the FRO can suspend your driver’s licence or passport. Only a judge at the Superior Court of Justice or the Ontario Court of Justice can formally find you in contempt of court.
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