Court File and Parties

COURT FILE NOS.: various

DATE: 2019-10-23

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Appeal from Contempt Judgment Against Nadire Atas

BEFORE: D.L. Corbett J.

COUNSEL: Christine Wallis, for Peoples Trust Gary M. Caplan, for the Plaintiffs Nadire Atas, not appearing

CASE MANAGEMENT ENDORSEMENT (CONTEMPT APPEAL)

[1] A case management conference was held on October 4, 2019. Ms Atas did not attend. The case management conference proceeded in Ms Atas’ absence and orders and directions were made. This endorsement sets out this court’s directions respecting Ms Atas’ failures to follows orders from this court in connection with her appeal pending in the Court of Appeal.

[2] The issue concerns transcripts.

[3] In late 2018, I found Ms Atas in contempt of court for failing to follow a direct court order. For this contempt I sentenced Ms Atas to six days in jail, less one day for time served.

[4] Ms Atas has appealed the finding of contempt and the sentence.

[5] In early 2019, Doherty J.A. ordered that Ms Atas be permitted to obtain transcripts of her court appearances in the contempt proceedings.

[6] Shortly before the case management conference held May 31, 2019, Ms Atas advised my office by email that Tulloch J.A. had extended the time for her to perfect her appeal in the contempt proceedings until after receipt of transcripts. At the May case management conference, Ms Atas advised me that the transcripts were delayed because the transcriptionist was awaiting my review of them. My endorsement of June 11, 2019, which addressed issues from the case management conference of May 31, 2019, reads as follows on this issue:

Ms Atas advised me by email and again during the case management conference that Tulloch J.A. has extended Ms Atas’ time to perfect her appeal from my finding of contempt against her and the sentence imposed for that contempt until sometime after delivery of certain transcripts. Ms Atas advised me that she had been advised by the transcriptionist that this process was now awaiting my approval for release of the transcripts. This came as a surprise to me: Doherty J.A. made an order for production of these transcripts, and I did not realize that anything was required from me in respect to this matter.

After the case management conference I checked and learned that draft transcripts had been prepared, and that these were apparently awaiting my review. I obtained them and reviewed them. Certified transcripts should be provided to Ms Atas shortly; if she does not have them by June 27, 2019, Ms Atas is directed to so notify my assistant, by email, explaining her understanding of the reasons for any continuing delay. (Caplan v. Atas, 2019 ONSC 3620, paras. 43-44)

[7] In a communication with the court on July 2, 2019, Ms Atas stated as follows:

I am still waiting for judicial release of the transcripts that were submitted to Justice Corbett in mid April 2019.

Ms Atas’ statement did not assist the court to understand the continuing delay in release of the transcripts. By endorsement dated July 5, 2019, I directed Ms Atas as follows:

As I indicated in para. 44 of my endorsement of June 12, 2019, I have reviewed the transcripts, and they should have been released to Ms Atas by now. Ms Atas does not explain why she is “still waiting for judicial review of the transcripts”. Ms Atas shall forthwith email the court transcriptionist to inquire about the status of the transcripts. She shall forward a copy of her email and the response she receives to it to my assistant immediately upon receipt of a response. If she has not received a response by July 12, 2019, she shall, by 5:00 pm that day, forward a copy of her email to my assistant, and my office will follow up with transcriptionist. (Caplan v. Atas, 2019 ONSC 4138)

[8] Ms Atas has not complied with this direction. Neither has she filed transcripts for the contempt appeal (I was so advised by Ms Wallis on October 4th, who told me that she had recently checked this issue with the Court of Appeal). Ms Atas is in breach of my order of July 5, 2019. The result appears to be continuing delay in her appeal in the contempt proceedings. Ms Atas shall, on or before November 15, 2019, take the steps directed in my endorsement of July 5, 2019, and shall explain why she did not comply with the endorsement by July 12th, as directed. Ms Atas should understand that if she fails to comply with this direction, or if her explanation for her non-compliance to date is unsatisfactory, she may be required to show cause why should not be cited for contempt of court again. As has been explained to her repeatedly, court orders and directions are not suggestions: they are mandatory and must be obeyed.

D.L. Corbett J.

Date: October 23, 2019