PRACTICE |
Contempt of Court |
Gallant v. Télécommunications Sans Fil (TSF) Inc.
T-1106-02
2003 FCT 120, Pinard J.
6/2/03
5 pp.
Moving party seeking order finding respondent in contempt of Court and ordering respondent to pay various types of compensation--In decision, after stating moving party unjustly dismissed, adjudicator not clearly and directly "by order" requiring employer to perform any act set out in Canada Labour Code, s. 242(4), so respondent cannot be faulted for deliberately failing to comply with order and thus be liable to conviction for contempt of Court--Moreover, adjudicator's decision purely declaratory and therefore not capable of enforcement--Because adjudicator's decision not granting any compensation, request completely inadmissible in context of proceeding--Accordingly, orders sought by moving party cannot be made--Motion dismissed--Canada Labour Code, R.S.C., 1985, c. L-2, s. 242(4).