This endorsement addresses a contempt motion brought by the plaintiffs against the defendants for non-compliance with a prior trial decision, and a cross-motion by the defendants to stay the contempt motion due to alleged Charter breaches by the plaintiffs.
The court found the defendants in contempt for several failures to comply with the original order, including withholding records and refusing to execute necessary assignments.
However, the court also found that the plaintiffs committed Charter breaches (failure of timely disclosure and case splitting) in their prosecution of the contempt motion, which curtailed the evidence that could be relied upon.
The stay motion was dismissed, but the scope of contempt findings was limited due to the excluded evidence.
The court ordered the defendants to comply with outstanding obligations within 30 days.