Background:

• Conflict arose between Phuong Le Tieu (Applicant) and Shahin Layeghpour (Respondent) after Layeghpour began tenancy in Tieu's condo.
• Layeghpour moved out on April 15, 2022, after an eviction notice.
• Layeghpour filed a dispute with the Residential Tenancy Dispute Resolution Service (RTDRS), which ruled in his favor, ordering Tieu to pay $1,550.
• The main issue was whether Tieu was properly served with court documents.

Issue:

• Whether Tieu received actual service of the documents as claimed by Layeghpour.

Law:

• Contempt requires clear orders, actual knowledge of the order, and intentional breach.
• Alberta Evidence Act mandates proof of authenticity and integrity of electronic records.

Analysis:

• Layeghpour’s affidavits and evidence (photo and audio clips) lacked credibility and metadata.
• Tieu denied receiving documents and provided evidence of residing elsewhere.
• Berzins, Tieu’s lawyer, corroborated Tieu’s claims, stating the photo was from April 15, not August 2.
• The court noted inconsistencies in Layeghpour’s claims, including no registered mail or text message evidence.
• Tieu’s limited English and the lack of communication supporting Layeghpour’s claims further supported her position.

Conclusion:

• The court found Tieu had not been properly served, setting aside the contempt order against her.
• It noted Layeghpour’s attempt to deceive the court, leading to Tieu’s wrongful arrest, and awarded Tieu her solicitor-client costs.

Order:

• Contempt order against Tieu was set aside.
• $1,000 paid into court by Tieu was to be released to her.
• Tieu was awarded reasonable solicitor-client costs.