1254748 ALBERTA LTD v MCBURNEY, 2023 ABKB 264


10.51: Order to appear
10.52: Declaration of civil contempt
10.53: Punishment for civil contempt of Court

Case Summary

Pursuant to Rules 10.51, 10.52, and 10.53 governing Civil Contempt, the Plaintiff sought a sanction against individual Defendant for failing to produce records which he had been previously ordered to be produced by the Court, contrary to Rule 10.52.

In July 2022, the Defendant was ordered to produce a number of records, despite the Defendant’s assertions that he did not possess such records. The Defendant did not produce the ordered records. The Defendant was found in Contempt in November 2022 and was given a further deadline to comply with the original production Order. The Plaintiff sought further Contempt relief in March 2023, the consideration of which was reserved by Justice Lema pending an opportunity for the Defendant to prove his compliance with the production Order.

The Defendant did not adequately prove his compliance with the production Order and the Plaintiff asserted that there had been effectively no compliance, thus leading to this Application and Decision.

The Court therefore held the Defendant in Contempt of three Court Orders. Justice Lema imposed a $1,500 fine payable within a month, and in the absence of such payment, a period of imprisonment the length of which to be set at a further Hearing. Justice Lema further ordered a daily fine of $100 against the Defendant for each day that he remained in non-compliance with the original production Order, as well as Costs in favour of the Plaintiff for this Application.

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