2014 June 24

Ceridian Canada Ltd. v. Azeezodeen, 2014 ONSC 3801

The Ontario Superior Court of Justice held the respondent A in contempt of court for knowingly and wilfully breaching a five-day ex parte injunction obtained by the plaintiff prohibiting the defendant from publishing a press release. The Court found that “after her employment was terminated for refusing to undergo a background check, the defendant embarked on an email campaign with her former employer that if they didn’t settle with her and pay a significant sum of money by a certain date, she would issue a long and detailed press release disclosing the plaintiff’s confidential business methods and disparaging their business reputation.” Despite the ex parte injunction, the “press release was issued and the plaintiff’s confidential information was widely disclosed over the Internet by numerous news outlets” which received the press release. The Court noted that it is no defence to a motion for contempt to argue that the injunction order is improper and should not have been granted. A court order “stands, and commands respect in all its aspects, until it is reversed on appeal or an equally effective order is secured that it need not be obeyed.” Once a person has knowledge of a Court Order, he or she must obey the order “in both the letter and spirit with every diligence.“