Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights and Freedoms – Principles of fundamental Justice – Presumption of innocence – Right to full answer and defence – Civil procedure – Contempt of court – Bias – Apprehension of bias – Onus and standard of proof – Appellate review – Whether mens rea of civil contempt requires proof of intent to not comply – Whether Court of Appeal could rely on supplemental reasons for conviction given in reasons for sentence to conclude motions judge applied proper burden of proof upon conviction – Whether presumption of innocence required motions judge not to decide or to appear to have decided the motion prior to the hearing – Whether there was a reasonable apprehension of bias – Whether there was an incorrect reversal of the onus of proof?

On September 16, 2015, 2363523 Ontario Inc. obtained default judgment against Mr. Nowack for $3,000,000 for fraud, conversion, and breach of fiduciary duty. The judgment ordered Mr. Nowack to provide an accounting within 30 days. Mr. Nowack gave undertakings in subsequent proceedings. On November 26, 2015, 2363523 Ontario Inc. brought a motion for contempt arguing that Mr. Nowack had failed to comply with the judgment and the undertakings. Mr. Nowack was ordered to attend a judgment debtor examination and to comply with the judgment and undertakings. He did not answer the undertakings nor did he provide the required accounting. The matter returned before the motions judge who found Mr. Nowack in contempt of court. Upon sentencing, he found Mr. Nowack had failed to purge the contempt and he sentenced Mr. Nowack to 30 days in custody.