Law360 Canada ( September 21, 2023, 6:16 AM EDT) -- Sentencing of respondent for civil contempt of a Court of Appeal order. The appellate court allowed the appeal of Gabriola Island Local Trust Committee (“appellant”) and ordered the respondents to remove the embankment seawalls from their waterfront property on Mudge Island (“seawall removal order”). The respondents did not comply with the seawall removal order. The appellant applied for an order finding the respondents in contempt of the seawall removal order. The respondents were found in contempt of the seawall removal order. The sentencing phase was adjourned to allow the respondents, with the assistance of their daughter, additional time to retain counsel and arrange for the removal of the seawalls. The daughter deposed she attended to the removal of the offending structures and vegetation covering the seawalls, so work could begin in demolishing and removing them. She further deposed that since coming to assist her parents, she had done everything to have the seawalls removed. She apologized on behalf of her parents and pledged she would continue to do everything she could to comply with the court’s decision. The appellant submitted the appropriate fine was $5,000 and a graduated fine should be imposed, such that an additional $10,000 be payable if the contempt was not purged by October 17, 2023. The appellant also sought special costs against the respondent....