The plaintiff, Susan Amon, won a summary judgment against MEJJ Enterprises Inc. on August 22, 2018, regarding a breach of a real estate purchase agreement.
MEJJ appealed, but the appeal was dismissed on March 6, 2019.
During a judgment debtor examination on August 22, 2019, MEJJ’s sole director, Mohan Roopchand, agreed to provide financial disclosures but failed to fulfill these undertakings.
Despite multiple court orders (e.g., from McGraw, A.J. in February 2020), MEJJ repeatedly failed to comply.
Current Motion:
The plaintiff sought a contempt order against MEJJ and its director due to continued non-compliance.
MEJJ’s counsel argued for more time, stating they were nearly compliant.
Court's Decision:
The judge declined to make a contempt finding at this time, emphasizing the principle that contempt is a last-resort enforcement measure.
Instead, a final opportunity was given: MEJJ must comply with all orders by November 1, 2024, failing which the contempt motion will proceed on November 18, 2024.
MEJJ and Mr. Roopchand were ordered to pay $4,000 in costs within 14 days.
Key Legal Principles:
The court emphasized restraint in issuing contempt orders, aligning with precedents like Ruffolo v. David (2019 ONCA 385).
A declaration of breach, rather than immediate contempt, is preferred unless non-compliance persists after multiple warnings.
