On appeal from Alberta, the Court held that civil contempt required proof beyond a reasonable doubt that the appellant had actual knowledge of the case management orders he failed to attend.
The case management judge did not determine actual knowledge for two of the three orders, and the respondents conceded the governing rule requirements were not met for those orders.
The contempt finding therefore could not stand.
The Court also endorsed the Canadian Judicial Council’s Statement of Principles on Self-represented Litigants and Accused Persons.
The appeal was allowed, the action restored, and the costs award vacated.
