Miller v. Kahnawake Community Services
T-1991-96
Denault J.
12/12/96
7 pp.
Application for order under R. 355 condemning respondents for contempt of court for failure to reinstate applicant in position in accordance with Adjudicator's order-In proceeding for contempt of court, applicant must prove beyond reasonable doubt respondents' conduct contumacious-Applicant began employment in September 1992 in social work with Kahnawake Community Services (KSCS)-Employment terminated on April 21, 1995-Applicant filing complaint of wrongful dismissal on May 2, 1995-Adjudicator ordering that respondent KSCS immediately reinstate complainant in position-Respondent filing application for judicial review of Adjudicator's decision-Application currently pending-Motion for stay of execution of Adjudicator's order refused-Applicant returned to work on October 4, 1996-Not assigned any tasks between October 7 and 11, 1996-Work area containing neither paper, pencils, nor telephone-On October 11, 1996, applicant left KSCS, did not return-Argument work could not be assigned to applicant in absence of newly signed oath unacceptable-Applicant never supplied with guidance, information, tools required in order to undertake proposed research project-Whether respondents disregarded adjudicator's order-None of elements in Adjudicator's order complied with-Applicant should have been assigned work from October 4, 1996 onward, in lawful compliance with Adjudicator's order-Court not called upon to decide whether Adjudicator's decision directed at appropriately named legal entity-Not called upon to correct any defect in Adjudicator's order-Fundamental purpose of Court's contempt powers to ensure smooth functioning of judicial process-Such powers extend to preserving orderly administration of justice, protecting authority, dignity inherent in judicial process-Donald Horne, as Executive Director, implicitly mandated by Adjudicator's order to manage, direct reinstatement of applicant-Failed to take steps required, or give direction required, to have her reinstated-Respondents refused to abide by Adjudicator's order-Imposing fine not likely to bring litigation closer to resolution as parties must continue to work together in absence of definitive settlement-Court astonished that parties whose everyday work involves problem solving, conflict resolution could not resolve own conflict-Respondents ordered to pay applicant's costs on motion, on solicitor and client basis-Application allowed-Federal Court Rules, C.R.C., c. 663, R. 355.