Background:

• Parties: Simon Heathcote (Plaintiff) vs. RBC Life Insurance Company and Anna Watroba (Defendants).
• Issue: The plaintiff sought a contempt finding against the defendants for allegedly failing to comply with a court order from March 12, 2024, requiring the production of the complete RBC Claims Manual.
• Motion Details: The plaintiff also requested:
  • Identification of RBC officers and directors who instructed counsel to disobey the order.
  • Striking the defendants’ statement of defense.

Key Findings:

1. Contempt Allegations:

   • The court emphasized the strict requirements for proving contempt: a clear order, knowledge of the order, breach of the order, and intentional non-compliance (proven beyond a reasonable doubt).
   • The order required production of the complete manual, which was based on evidence indicating 67 headings.
   • Subsequent disclosures revealed 83 headings, creating ambiguity about the order's scope. The court could not conclude a breach beyond a reasonable doubt due to this ambiguity.
   • The plaintiff's request to find defense counsel in contempt for providing inaccurate affidavit evidence was dismissed for lack of notice and possible valid explanations.

2. Request for Officer and Director Information:

   • Denied as it was deemed improper to seek such information solely to support a contempt motion.

3. Striking the Statement of Defense:

   • Denied, as non-compliance with the order was not proven.

Outcome:

• The motion was dismissed in its entirety.
• No costs were awarded due to the defendants' provision of inaccurate evidence, which contributed to the issues in the motion.