Contempt motion dismissed due to reasonable doubt regarding the respondent's actual knowledge of the court order.
His Majesty brought a motion seeking to find Carflex Distribution Inc. and its directing mind, Yvan Drapeau, in civil contempt of court for failing to comply with an order directing Mr. Drapeau to submit to an oral examination and produce documents.
The Federal Court dismissed the motion.
Applying the standard of proof beyond a reasonable doubt, the Court found that the Crown failed to establish that Mr. Drapeau had actual knowledge of the order.
Evidence from Mr. Drapeau and his attending physician established a reasonable doubt that his failure to open emails or answer phone calls was due to a severe depressive state, rather than wilful blindness.
As the second element of contempt was not proven, the respondents were acquitted.
