Appellant
Respondent
Background:
The case involved Perley-Robertson, Hill & McDougall LLP, a law firm, pursuing enforcement actions against Eureka 93 Inc., Acenzia Inc., and Grant Bourdeau (a director/officer of Acenzia). The proceedings arose over unpaid legal fees and compliance with prior court orders regarding an examination in aid of execution.
Legal Issues:
Whether Grant Bourdeau was in civil contempt for failing to comply with an order by Justice Marc Smith, which required him to:
Produce specific documents 10 days before the examination.
Attend and participate in the examination.
Whether the contempt finding and penalties were warranted given Bourdeau’s refusal to comply, citing potential prejudice in unrelated litigation.
Court Findings:
The Court of Appeal upheld the contempt finding, confirming that Bourdeau:
Had knowledge of the order's clear terms.
Intentionally failed to comply despite not appealing or staying the order.
Could not rely on legal advice as a defense against contempt.
Outcome:
The court dismissed the appeal and awarded $16,000 in costs of the appeal to Perley-Robertson. Additionally, Acenzia and Bourdeau were required to pay the costs ordered by Justice Robert Smith, totaling $8,872.55. The court emphasized compliance with orders, granting Bourdeau one last opportunity to purge contempt.
Key Remedy:
Bourdeau was ordered to produce documents by January 9, 2025, and attend a further examination on January 22, 2025, or face imprisonment for 30 days.
Court
Court of Appeal for OntarioCase Number
COA-24-CV-0443Practice Area
Civil litigationAmount
Winner
RespondentTrial Start Date
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