Perley-Robertson, Hill & McDougall LLP v. Eureka 93 Inc.
Eureka 93 Inc.
Law Firm / Organization
Unrepresented
Acenzia Inc.
Law Firm / Organization
Hammond Flesias
Lawyer(s)

Richard Hammond

Grant Bourdeau
Law Firm / Organization
Hammond Flesias
Lawyer(s)

Richard Hammond

Perley-Robertson, Hill & McDougall LLP

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:

  1. 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.

  2. 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 of Appeal for Ontario
COA-24-CV-0443
Civil litigation
Respondent