Contempt and Consent: A Case Study in Navigating Regulatory Boundaries

Complying with a court order is a serious undertaking. Do it wrong and you may find yourself facing contempt of court.

In this episode, hosts Ted Brook and Erin Brown unpack an intriguing case involving a rare finding of contempt against an Ontario regulator. Joining them in the conversation are guests Chris Muir, a litigation partner in the Toronto office, and David Litwin, Senior Counsel at the Retirement Homes Regulatory Authority. Together, they take a detailed look at the case, the key players and the contested conduct that triggered the contempt motion, breaking down the legal standard for civil contempt and debating whether the circumstances of this case warranted the severe result. Finally, they share broader takeaways for regulatory lawyers and regulators, including the importance of clarity in court orders, consistency in regulatory decision-making, and strategies for avoiding worst-case scenarios such as a contempt proceeding.

This episode is accredited 0.67 substantive hours in Ontario, 0.67 substantive hours in British Columbia.

Guests:

• Chris Muir
• David Litwin