Michelle Biddulph

The appellant appealed his convictions for child luring and possession of child pornography.

He argued that the search of his home computers violated his section 8 Charter rights, that his section 11(b) rights were breached due to delay, and that the trial judge erred in applying the reasonable steps test and assessing the mens rea for the offences.

The Superior Court of Justice dismissed the appeal, finding sufficient grounds for the search, no unreasonable delay under the Jordan framework, and that the trial judge correctly concluded the appellant failed to take reasonable steps to ascertain the complainant's age and possessed the requisite mens rea.

The Receiver sought costs of a contempt motion against the respondent on a full indemnity basis.

The respondent had been found in civil contempt for breaching an appointment order and sentenced to 30 days' imprisonment.

The court awarded costs on a full indemnity basis, finding the respondent's conduct egregious and highly disrespectful to the court and its appointed officer.

The quantum was fixed at $563,485, with a minor reduction for time spent on irrelevant facts.

The Receiver brought a contempt motion against the respondent for breaching an appointment order by interfering with the Receiver's exclusive authority and supporting a criminal complaint against the Receiver's representatives in Panama.

Having previously found the respondent in civil contempt, the court determined the appropriate penalty.

Finding that the respondent's conduct was a blatant and deliberate breach that undermined the court's authority, and that a fine would be insufficient for deterrence, the court ordered the respondent to be imprisoned for 30 days.