Ontario civil | Contempt of Court
GROUNDS
No defence that order was improper and should not have been granted
Defendant’s employment was terminated for refusing to undergo background check. Defendant then embarked on e-mail campaign with former employer that culminated in threats and conduct akin to extortion. Defendant told plaintiffs that if they did not pay her significant amount of money, she would issue press release disclosing plaintiffs’ confidential business methods and disparaging their business reputation. Plaintiffs obtained ex parte injunction that prohibited defendant from publishing press release. Defendant did not comply with order and issued press release. Plaintiffs’ confidential information was widely disclosed over internet. Plaintiffs brought motion to find defendant in contempt of court order. Motion granted. Court was satisfied beyond reasonable doubt that defendant breached court order. It was no defence to motion for contempt to argue that order was improper and should not have been granted. Defendant had full knowledge of court order. Court order was clear and was ongoing. Defendant’s actions were deliberate and intentional. Defendant took no steps to stop press release. Defendant knowingly and willingly breached letter and spirit of court order.
Ceridian Canada Ltd. v. Azeezodeen (Jun. 24, 2014, Ont. S.C.J., E.P. Belobaba J., File No. CV-14-10552-CL) 242 A.C.W.S. (3d) 800.
No defence that order was improper and should not have been granted
Defendant’s employment was terminated for refusing to undergo background check. Defendant then embarked on e-mail campaign with former employer that culminated in threats and conduct akin to extortion. Defendant told plaintiffs that if they did not pay her significant amount of money, she would issue press release disclosing plaintiffs’ confidential business methods and disparaging their business reputation. Plaintiffs obtained ex parte injunction that prohibited defendant from publishing press release. Defendant did not comply with order and issued press release. Plaintiffs’ confidential information was widely disclosed over internet. Plaintiffs brought motion to find defendant in contempt of court order. Motion granted. Court was satisfied beyond reasonable doubt that defendant breached court order. It was no defence to motion for contempt to argue that order was improper and should not have been granted. Defendant had full knowledge of court order. Court order was clear and was ongoing. Defendant’s actions were deliberate and intentional. Defendant took no steps to stop press release. Defendant knowingly and willingly breached letter and spirit of court order.
Ceridian Canada Ltd. v. Azeezodeen (Jun. 24, 2014, Ont. S.C.J., E.P. Belobaba J., File No. CV-14-10552-CL) 242 A.C.W.S. (3d) 800.
