After contempt proceedings by the Applicants against the Respondent, for various breaches of Orders related to privileged documents and failure to attend cross-examinations, the Respondent was found guilty of contempt (the Contempt Decision). The Court sanctioned the Respondent.

The Applicants argued that the Respondent’s Statement of Defence should be struck, and that he should be barred from seeking leave for any further Applications or Actions until he has purged his contempt and paid all costs awards (the Application). The Respondent later wrote the Court, seeking leave to set aside the Contempt Decision and to file fresh evidence.

Having found that the Respondent was guilty of contempt, Graesser J. examined the appropriate sanctions under Rule 10.53. The Court can impose a broad array of penalties; however, unauthorized use of privileged information warrants both general and specific deterrence. Justice Graesser found the Respondent’s conduct was a serious breach of Court Orders. Justice Graesser further noted that the Respondent had not purged his contempt and remained in violation of several Orders.

Having considered the Application’s complexity and the need for finality, Graesser J. awarded, among others, $20,000 in Costs to the Applicants for the sanctions portion of the Application. With respect to the Respondent’s argument to set aside the Contempt Decision under Rule 9.15, Graesser J. found no merit to the Respondent’s claims of fraud and dishonesty and no justification for a permanent Stay of the Contempt Decision. The Court found no need for further evidence as the Respondent’s arguments lacked merit.