2018 May 16

Recycling Worx Solutions Inc. v. Hunter, 2018 ABQB 395

The Alberta Court of Queen’s Bench held that contempt proceedings against a defamation defendant for breach of pre-trial injunctions are not stayed by the bankruptcy of the defendant.  “The laws of contempt reflect a public obligation to comply with a Court order, and  bankruptcy is not a dispensation from the laws relating to contempt.”  Further, although a bankruptcy may prevent a defamation plaintiff from recovering damages against the bankrupt, the plaintiff’s claims for a permanent injunction remain intact.  A pre-trial injunction granted by the Court therefore remains in force pending the trial of the permanent injunction claim.  With respect to the pre-trial injunction in this case, the Court stated: “I find that the Applicant has proved beyond a reasonable doubt that the Respondent breached Madame Justice Anderson’s Order” in relation, among other things,  to a website set up in 2013 detailing the respondent’s grievances against the plaintiff and another website set up in February 2014 protesting against the plaintiff. “I find the potential defences, excuses and justifications have been disproved beyond a reasonable doubt.”