Luft v. Ball, 2013 BCSC 81

Civil procedure – Civil contempt – Corporations: We successfully defended an application for contempt leveled against our client and a corporate defendant.  The plaintiff had previously obtained an order that the corporate defendant retain auditors and produce audited statements for the previous four years.  The company had previously ceased all operations and had no liquid or tangible assets.  The plaintiff argued that the personal defendant should be held in contempt because he was the president of the company and owed the company money through his own holding company.  The court held that contempt must be proven beyond a reasonable doubt, and the Plaintiff had not proven that the company had the means to pay for the audit.  There was uncertainty with respect to the alleged debt, and the plaintiffs did not show that the personal defendant, in his capacity as director and officer of the company, or otherwise, committed contempt of the previous order.  Personal defendant was awarded costs of the application. View Reasons for Judgment