Sentencing For Civil Contempt
By reasons dated November 12, 2010 Justice D.M. Brown had found the defendant in contempt of court for "deliberately and willfully" failing to perform the obligations imposed on him by the August 18, 2010 order of Justice Code. Although the plaintiffs had obtained a $2.5 million default judgment against him, Mr. Di Giulio repeatedly failed to attend judgment debtor examinations, as well as Court appearances, and consistently avoided providing the plaintiffs with banking records that they had requested. In his Reasons for Decision, Justice Brown characterized Mr. Di Guilio’s pattern of actions as amounting to "a flagrant disregard for the legal obligations imposed upon judgment debtors and nothing less than... toying with the system of justice."
On March 18, 2011, Justice Brown noted that Mr. Di Giulio had not fully purged his contempt and had "shown little remorse." He added that Mr. Di Guilio's "conduct has displayed a pronounced disdain for our legal system and the courts of this country." Accordingly, he sentenced Mr. Di Guilio to serve 90 days in a provincial correctional institution. As the primary purpose of the sentence was compliance with the court’s orders and to incent the contemnor to purge his contempt, Justice Brown imposed two additional conditions on the sentence. He ordered that, if Mr. Di Guilio subjected himself to a meaningful and fully responsive examination-in-aid of execution and delivered to the plaintiffs the bank records that Justice Code had ordered produced, he would allow him to bring a motion to reduce his sentence.
