Arrow-West Equipment Ltd. v. GDT Trading Ltd., 2006 ABQB 762 (CanLII)

  • August 02, 2016

Date:2006-10-17 Docket: 0503 07699. L. Darlene Acton J. | Link

An application to find the Defendants in contempt of court for swearing a false affidavit, destruction or manipulation of evidence of a laptop, and failure to attend Examinations for Discovery. The court was not satisfied beyond a reasonable doubt that the Plaintiff has proven that the Defendants manipulated the evidence or destroyed or permanently deleted any of the Plaintiff's data... While the Plaintiff has not proven that there was manipulation of evidence which would amount to contempt of Court by the Defendants, the activity which took place on the computer does raise suspicions. (paras 41 and 42). Defendants declared to be in civil contempt for failing to comply with the orders of Lefsrud J. and were fined $5,000 each.