PRACTICE |
Contempt of Court |
N. M. Paterson & Sons Ltd. v. St. Lawrence Seaway Management Corp.
T-1884-01
2002 FCT 1247, Hugessen J.
29/10/02
10 pp.
Motion for contempt of court brought against Mr. David Marler, solicitor of record for plaintiff in present action-- Alleged offence regarding breach of confidentiality obligation imposed upon parties to litigation with respect to documents and information received from other side on discovery in civil action--Court's order of October 4, 2002 giving details of alleged offence--Breach of confidentiality in disclosing to media contents of document produced by defendant on discovery and by disclosing to media certain aspects of oral discovery evidence of defendant's discovery witness--Court convinced beyond any reasonable doubt elements of offence as charged made out in present case--Court satisfied on evidence both document and statement by Mr. Vincelli in answer to questions on discovery considered and treated as confidential by defendant corporation--Court noted any document or any information produced or given under compulsion as result of civil process, if not given in open court, confidential to person unless and until contrary demonstrated--In present motion, document and information not part of public record and no indication confidentiality waived by any party--In present case, information and document not available publicly by any legitimate means--Lac d'Amiante du Québec Ltée v. 2858-0702 Québec Inc., [2001] 2 S.C.R. 743 leading case in Canada on implied undertaking of confidentiality--If document or information available at trial, obligation not to disclose not applying--Accordingly, Court found Mr. Marler guilty of contempt of Court--If prosecution of contempt undertaken by private party and prosecution successful, Court will order contemnor to pay prosecutor's costs on solicitor-and-client basis--In present case, offence very serious, particularly grave because Mr. Marler attempted to put pressure on other party--Therefore, Court directed Mr. Marler to pay defendant St. Lawrence Seaway Management Corporation sum of $37,500 in costs--Motion for contempt allowed.