| Citation: |
Canadian Private Copying Collective v. Fuzion Technology Corp., 2009 FC 800, [2009] 4 F.C.R. D-6 |
T-1655-04 |
Practice
Contempt of Court
Motion for contempt brought by applicant under Federal Courts Rules, SOR/98-106, r. 466(b) on basis respondent Mr. Mickey Yeung breaching order issued by Justice von Finckenstein on October 25, 2006—Legal principles with respect to contempt of court examined—Party alleging contempt having to show prima facie case of wilful, contumacious conduct on contemnor’s part—Intention to do or refuse to do what is ordered by court in civil proceeding needed to establish civil contempt—Evidence of impossibility to comply, due diligence may constitute legitimate excuse for not complying with order—Applicant failing to establish, beyond reasonable doubt, all requisite elements of test for civil contempt—Respondent Yeung’s failure to comply with order not deliberate, intentional—Motion dismissed—Lump sum in lieu of any assessed costs awarded to respondent Yeung.
Canadian Private Copying Collective v. Fuzion Technology Corp. (T-1655-04, 2009 FC 800, Martineau J., judgment dated August 5, 2009, 41 pp.)