The plaintiffs brought a motion seeking contempt findings against the defendants for failing to comply with multiple court orders issued during a prolonged civil trial.
The court found beyond a reasonable doubt that the defendants had wilfully and repeatedly breached clear and unambiguous orders, including a prior order requiring compliance with all outstanding trial directions.
Evidence demonstrated a deliberate strategy to delay the proceedings and obstruct the plaintiffs’ ability to advance the action.
Rather than striking the defence immediately, the court ordered the defendants to pay $35,000 into court as security for costs associated with motions and wasted trial time.
The court emphasized the need to impose sanctions to protect the administration of justice and prevent ongoing delay tactics.