Court File and Parties

COURT FILE NO.: CV-20-652528

DATE: April 16, 2021

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Jack Oliveira and Luis Camara on their own behalf and on behalf of all members of Labourers International Union of North America, Local 183

AND:

Mario Oliveira

BEFORE:

COUNSEL: Michael D. Wright and Youssef Kodsy, for the plaintiffs

Mario Oliveira, self-represented defendant

HEARD: April 8, 2021

ENDORSEMENT

[1] The defendant is subject to two interlocutory orders that I made on December 23, 2020 and January 28, 2021.

[2] The December 23, 2020 order directed that the defendant was required to return all confidential contact information, including that which he attached to an email from himself to counsel for the plaintiffs on December 2, 2020. That confidential information (“the confidential list”) was to be returned to counsel for the plaintiffs by using their email address. I made a further order that the defendant was enjoined from disseminating the confidential list or from using the confidential list in any way and that he could not retain any copies of the confidential list.

[3] I made a further order appointing Computer Forensics Inc. as the independent third party forensic inspector who was to conduct a forensic inspection of the defendant’s electronic devices (laptop and phone) and email accounts to ensure that all confidential contact information for the union had been permanently and irrevocably deleted from the defendant’s devices.

[4] On January 28, 2021 following another conference with the parties, I confirmed that I had reviewed the provided materials and was satisfied that the defendant had not complied with the December 23, 2020 order. This new order required compliance by January 29, 2021 at 5:00 p.m. I also ordered $2,500 in costs which apparently have not been paid.

[5] At one point the defendant indicated that instead of following the order regarding the inspection of the electronic devices he would destroy them. He was again instructed by me to follow the order and to not do that.

[6] After a lot of discussion the defendant eventually agreed to take his devices to the inspector.

[7] On March 5, 2021, the defendant attended at Computer Forensics Inc. The defendant provided the inspector with the electronic devices, both of which the defendant had deliberately destroyed, which would not allow the inspector to do the court ordered inspection and extract confidential information.

[8] On February 26, 2021, I had found the defendant to be in contempt of court for his failure to abide by the orders. I deferred sentencing and provided the defendant an opportunity to purge his contempt. I explained to the defendant the consequences if he failed to purge his contempt (including that jail was an option). Rather than mitigating his contempt, he permanently frustrated my orders by irreversibly destroying the subjects of the forensic inspection thereby not allowing for the court ordered forensic inspection to take place. The destruction of the devices was done at the protest of plaintiffs’ counsel. The defendant was aware of my repeated demands that he comply with the orders also with full knowledge of the consequences if he failed to purge the contempt.

[9] The defendant has an action in Brampton involving the same parties and has counsel on that matter, Alan Davis. The plaintiffs were seeking that I stay that action as part of the sentencing for this contempt. I put the matter over so that Mr. Davis could participate in a conference call with us which took place on April 8, 2021.

[10] Mr. Davis during that call provided an explanation as to the status of that action. I agree that the court should not tolerate this affront to the rule of law and the defendant’s complete disrespect of the administration of justice. I am however not prepared to stay that action at this point.

[11] Mr. Davis suggested that a period of incarceration, once the jails are safe from Covid, would be appropriate. I agree, but who knows when that date will be. I am considering house arrest as an option.

[12] I have deferred sentencing. I need the defendant to provide his living situation to the court and counsel.

[13] The plaintiffs are looking for substantial indemnity costs.

[14] Cost submissions are required from the defendant 15 days after the release of this endorsement. Please provide my assistant with the submissions emailed to: lorie.waltenbury@ontario.ca.

J.E. Ferguson J.

Date: April 16, 2021