Date: 20000623
Docket: T-1154-95
Between:
BARRIER SYSTEMS INC.
Plaintiff
- and -
GILLES RICHER, SIGNALISATION LASM INC.,
9015-2539 QUÉBEC INC., LACROIX INDUSTRIES,
RICHARD BOURDON, 2842-6351 QUÉBEC INC.,
DOING BUSINESS AS SIGNALISATION
LAURENTIENNE, MOLE CONSTRUCTION INC.,
JOHN DOE, JANE DOE AND DOE CORPORATION
Defendants
REASONS FOR ORDER
DUBÉ J.
[1] On May 31, 2000 the prothonotary Richard Morneau made an order in several parts, one of which directed the defendants Richard Bourdon and Gilles Richer to appear before a judge in Montréal on June 19, 2000 to hear and respond to charges of contempt of court laid against them in accordance with evidence filed in the affidavit of Sylvie Paulhus, dated May 24, 2000, submitted in supported of the said application.
[2] The two defendants appeared on the date indicated, being represented by counsel. The matter proceeded in accordance with Rules 98, 466(b) and (c) and 467 of the Federal Court Rules. To make matters easier, counsel filed a document containing forty admissions regarding the case, an action for infringement dating back to June 1, 1995.
[3] The relevant facts clearly establish that the two defendants contravened the order by prothonotary Morneau on April 17, 2000 [TRANSLATION] "that this matter proceed and that the parties adhere strictly to the schedule" set by him, that is, to complete the examinations for discovery by May 12, 2000 at the latest. They were aware of the said order. They also failed to observe the summonses for examinations for discovery served on them on May 5 and 8, 2000. Further, in general throughout the course of the said examinations for discovery, from June 22, 1999 to May 29, 2000, they acted in such a way as to impede the administration of justice.
[4] In his aforesaid order dated May 31, 2000 (not appealed), prothonotary Morneau had already noted that the two defendants had shown [TRANSLATION] "once again their profound disrespect for the orders and rules of this Court". He further noted that the two defendants [TRANSLATION] "did not alter their conduct as a result of the reprimands given to them in the order of November 10, 1999".
[5] Further, the prothonotary directed the two defendants to pay the plaintiff the costs of the abortive examinations for discovery of May 11, 2000, namely the sum of $3,770.67, and [TRANSLAITON] "to pay the plaintiff as costs on the instant motion the sum of $7,500 without delay". The two amounts in question were paid by the defendants through their counsel by cheques
dated June 7, 2000.
[6] There is no question that the two defendants must be found guilty of contempt of court pursuant to Rules 97 and 98 of this Court. The aforesaid affidavit, the written admissions and the arguments made by counsel for the plaintiff at the hearing clearly establish a negligent, even impudent, attitude on the part of the two defendants toward the Court's orders.
[7] It remains for the Court to impose a penalty pursuant to Rule 472, which provides for imprisonment, a fine and an order to pay costs. I do not feel that it is proper to order imprisonment, but a fine should be imposed instead. In this regard it should be noted that the two defendants have already been punished following the latest order by the prothonotary, requiring them to pay an additional amount of $10,000.
[8] I therefore order that the two defendants each pay a fine of $2,000 and costs on this motion on a solicitor-client basis, which I set at $1,000.
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Judge |
OTTAWA, ONTARIO
June 23, 2000
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20000623
Docket: T-1154-95
OTTAWA, ONTARIO, JUNE 23, 2000
Before: J.E. DUBÉ J.
Between:
BARRIER SYSTEMS INC.
Plaintiff
- and -
GILLES RICHER, SIGNALISATION LASM INC.,
9015-2539 QUÉBEC INC., LACROIX INDUSTRIES,
RICHARD BOURDON, 2842-6351 QUÉBEC INC.,
DOING BUSINESS AS SIGNALISATION
LAURENTIENNE, MOLE CONSTRUCTION INC.,
JOHN DOE, JANE DOE AND DOE CORPORATION
Defendants
ORDER
The two defendants Gilles Richer and Richard Bourdon are guilty of contempt of court and are each ordered to pay a fine of $2,000 respectively and the costs on the instant motion on a solicitor-client basis in the amount of $1,000.
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Judge |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: T-1154-95
STYLE OF CAUSE: BARRIER SYSTEMS INC. v. GILLES RICHER ET AL.
PLACE OF HEARING: MONTRÉAL
DATE OF HEARING: JUNE 19, 2000
REASONS FOR JUDGMENT BY: DUBÉ J.
DATED: JUNE 23, 2000
APPEARANCES:
FRANÇOIS GUAY FOR THE PLAINTIFF
JEAN CARRIÈRE FOR THE DEFENDANTS
SOLICITORS OF RECORD:
SMART & BIGGAR FOR THE PLAINTIFF
MONTRÉAL, QUEBEC
MENDELSOHN, ROSENTZVEIG, SHACTER FOR THE DEFENDANTS
MONTRÉAL, QUEBEC