COURT FILE AND PARTIES
COURT FILE NO.: 06-CL-6558
DATE: 20131217
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: CENTURY SERVICES INC. and CLAIRVEST GROUP INC., Plaintiffs
AND:
NEW WORLD ENGINEERING CORPORATION, FRED W. BAIN, JOHN CHEONG, LAI LI CHONG, JULIA CHEONG a.k.a. IOULIA KLENKINA, ROBERTO BUSTAMANTE, and ROBERT BUSTAMANTE c.o.b. CANADA STAGE DESIGNS, ATIQUE CHOUDRY, HINGSON CORPORATION, HINGSON DEVELOPMENT CORPORATION, HINGSON CAPITAL CORPORATION, HINGSON MEDIA CORPORATION, CIRCA CANADA INCORPORATED, GREENFIELD CAPITAL ENGINEERING INC., IMAGE NIGHTCLUB INCORPORATED, BANZAI RESTAURANTS INC., EIGHT RESTOLOUNGE INCORPORATED, BUSTAMANTE HOLDINGS CORPORATION, 1249492 ONTARIO INC., BLUE GIANT PRODUCTIONS INC. ENGINEERED CONSTRUCTION LIMITED, DANIEL DISTRIBUTION CORPORATION, BORDEN LADNER GERVAIS LLP, GOODMAN & CARR LLP, FOGLER RUBINOFF LLP, MAGNUS VERBRUGGE, GARY KISSACK, BARRY FILLIMORE, TD WATERHOUSE CANADA INC., BULENT PAKDIL, HATICE PAKDIL, ALLEN DEVERA and THE TORONTO-DOMINION BANK, Defendants
BEFORE: STEWART J.
COUNSEL:
Jim Patterson & Ruth Promislow, for the Plaintiffs
Patrick Metzler, for the John Cheong
HEARD: September 11, and October 28, 2013
ENDORSEMENT
[1] The following reasons reflect my decision and reasons in this matter delivered orally in Court on October 28, 2013.
[2] John Cheong has been found guilty of contempt of the Order of Lederman J. for the reasons set forth in my earlier decision of September 11, 2013. He has not fully purged his contempt despite having been given the opportunity to do so. It now falls to this Court to pass sentence upon him for his contempt.
[3] The Plaintiffs urge that a period of incarceration be ordered as the imposition of a fine payable to the state will have little practical import given the circumstances of this case. I observe now, as I did on September 11, 2013, that imprisonment is a penalty to which resort may be made only as a last resort where no other sanction is fit.
[4] This contempt issue is not one as between the Plaintiffs and Cheong, although the Plaintiffs were negatively affected by his contempt of the order. Rather, it is an issue between Cheong and the proper administration of justice and the respect it deserves.
[5] Having considered the facts surrounding the contempt, including Cheong’s written and in-person apology to the court and his indication of willingness to take steps to make restitution, I am of the view that a suspended sentence is the most just and fit disposition in this case. Sentence shall therefore be suspended on the following conditions:
Cheong shall fulfill all undertakings as set out in his letter of apology to the Court dated October 22, 2013;
Cheong shall strictly comply with all court orders made in this or any other proceedings that affect him;
Cheong shall perform 250 hours of community service, the details of which are to be determined following discussion with Plaintiff’s counsel and upon any necessary Court approval for such arrangement;
Cheong will turn over the 2 registered firearms in his possession to the Receiver for destruction in compliance with all applicable rules and regulations.
[6] The Plaintiffs shall have their costs of the contempt motion and the sentencing proceedings fixed at $13,000.00 including all disbursements and applicable taxes, payable by Cheong.
STEWART J.
Date: December 17, 2013