The appellants, Ministers of the Crown, were found guilty of contempt of court by the Federal Court of Appeal for failing to comply with an order to produce a file.
The order was served on their solicitor, but there was no evidence the Ministers had actual personal knowledge of it.
The Supreme Court of Canada allowed the appeal, holding that contempt of court requires proof beyond a reasonable doubt of actual knowledge of the order.
The Court found that service on a solicitor under the Federal Court Rules does not create a presumption of actual knowledge for the purposes of a quasi-criminal contempt proceeding, nor does vicarious liability apply to hold the Ministers responsible for the actions of their officials.
