Perley-Robertson, Hill & McDougall LLP v. Eureka 93 Inc.
Perley-Robertson, Hill & McDougall LLP
Eureka 93 Inc.
Law Firm / Organization
Paliare Roland Rosenberg Rothstein LLP
Lawyer(s)

Denise Cooney

Law Firm / Organization
Hammond Flesias
Lawyer(s)

Alex B. Flesias

Acenzia Inc.
Law Firm / Organization
Paliare Roland Rosenberg Rothstein LLP
Lawyer(s)

Denise Cooney

Law Firm / Organization
Hammond Flesias
Lawyer(s)

Alex B. Flesias

Background:

  • Perley-Robertson, Hill & McDougall LLP (moving party) was former counsel for Acenzia Inc. and obtained a certificate of assessment for unpaid legal fees totaling $424,769.22.
  • Acenzia and its sole director, Grant Bourdeau, challenged this debt in a separate lawsuit (the “Acenzia action”).
  • The court ordered Bourdeau to provide financial documents and attend an examination in aid of execution. He failed to comply, leading to a contempt finding in April 2024.

Court’s Findings:

  • ONCA upheld prior contempt rulings, rejecting Bourdeau’s claim of "confusion" over compliance.
  • Though Bourdeau made partial document production in January 2025, key records remained missing, including real estate transactions, tax records, and litigation documents.
  • His noncompliance was deemed deliberate and obstructive.

Key Orders:

  1. Payment into Court:

    • Bourdeau must deposit $424,769.22 by February 28, 2025.
    • The moving party may retain any garnished funds received before this date.
  2. Consequences for Non-Compliance:

    • If payment is not made, Bourdeau must produce all outstanding documents by March 4, 2025 and attend examination on March 6 or 7, 2025.
    • If he fails, the Acenzia action will be discontinued with prejudice.
  3. Other Penalties:

    • $7,500 donation to Lawyers’ Feed the Hungry.
    • $20,400.95 in costs to the moving party within 30 days.
Court of Appeal for Ontario
COA-24-CV-0443; M55718
Civil litigation
$ 477,543
Appellant