Piet de Jong

The plaintiff brought a motion to find the defendant, a former employee, in contempt of an interlocutory injunction prohibiting him from soliciting clients or disclosing confidential information.

The plaintiff relied on affidavits containing hearsay evidence regarding the defendant's alleged solicitation attempts.

The court dismissed the motion, holding that under Rule 60.11(3) of the Rules of Civil Procedure, hearsay evidence is inadmissible on a contentious point in a contempt motion.

The plaintiff failed to meet the strict burden of proving contempt beyond a reasonable doubt.

Following a successful motion for injunctive relief, the plaintiff sought costs.

The court reviewed the written submissions and awarded the plaintiff costs on a partial indemnity basis in the amount of $7,556.91, inclusive of HST and disbursements, which included costs for a prior attendance.