ALSTON v FOOTHILLS NO 31 (DISTRICT OF), 2022 ABCA 408
WAKELING, STREKAF AND ANTONION JJA
10.52: Declaration of civil contempt
The Appellants appealed an Order that found them in Contempt of Court which was issued as a result of them breaching an Order (the “No Contact Order”) precluding the Appellants from contacting representatives of the Respondent and partners at the law firm representing the Respondent (the “No Contact Individuals”). The Case Management Judge (the “CMJ”) declared the Appellants in civil Contempt for breaching the No Contact Order pursuant to Rule 10.52(3)(a)(i).
The Alberta Court of Appeal dismissed the Appeal. The Court found that the Appellants failed to demonstrate any error made by the CMJ. The Court of Appeal agreed with the CMJ that the terms of the No Contact Order were clear and there was no doubt that the Appellants were made aware of the No Contact Order and acknowledged receiving it. The Court noted that the Appellants contacting the No Contact Individuals was a clear violation of the No Contact Order. The Court therefore found no basis to overturn the CMJ’s finding of civil Contempt. The Court also found that the sanction the CMJ imposed for civil Contempt was reasonable.View CanLII Details