Shareholder applicants brought a contempt motion alleging that a respondent failed to comply with a prior court order requiring disclosure of financial documents and restrictions on dealing with corporate trading account funds.
The motion had previously been adjourned due to inadequate notice and dismissed without prejudice due to lack of evidence of service.
The applicants attempted to re‑bring the motion supported by an affidavit of service sworn by their own counsel.
The court held that Rule 4.02(1) of the Law Society of Upper Canada Rules of Professional Conduct prohibits counsel appearing as advocate from submitting their own affidavit except in unusual circumstances, which were not present.
The court adjourned the contempt motion sine die until proper evidence of service and compliance with procedural and professional conduct rules were provided.
