Background: 1063664 B.C. Ltd., a holding company for a property development project, had its corporate records retained by David Perehudoff, a former director. The company sought the return of these records and compliance with court orders.

Chambers Judgment: On November 2, 2021, a chambers judge reduced the contempt fine imposed on Perehudoff from the initial $5,000 plus $5,000 for every week of non-compliance, totaling $45,000, to $25,000, payable to the provincial Crown.

Legal Issues:

• Contempt of Court: Perehudoff was found in contempt for failing to deliver corporate records and pay costs as ordered by the Supreme Court.
• Jurisdiction: The court examined whether the chambers judge had the authority to reduce the fine.
• Procedural Compliance: The service of affidavits and compliance with Rule 22-8(11) of the Supreme Court Civil Rules were scrutinized.

Appeal: 1063664 B.C. Ltd. appealed the reduction of the fine. The Court of Appeal found that the chambers judge lacked jurisdiction to alter the original contempt order. The reduction to $25,000 was reversed.

Costs and Awards: The Court of Appeal reinstated the original fine, setting it at $45,000. The respondent, Perehudoff, was ordered to pay the costs of 1063664 B.C. Ltd. in both the appeal and the lower court proceedings.

Disposition: The appeal was allowed, and the cross-appeal was dismissed as abandoned. The final fine was $45,000, payable to the provincial government.