Pfizer Canada Inc. v. Apotex Inc.
T-2389-94
Hugessen J.
18/12/98
4 pp.
Ivor Hughes, senior, respected member of Intellectual Property Bar, found guilty of contempt of Court for having disclosed confidential material contrary to terms of protective order-Hughes not intending to breach or disregard Court order, but acted on error of law in interpretation of order-Error of law same as that committed by experienced Trial Judge acquitting Hughes of contempt-Material disclosed by Hughes confidential only to own client-Breach purely technical, committed in good faith-But as officer of Court, Hughes owing higher duty to respect, enforce Court orders-Customary to require persons found guilty of contempt to pay costs on solicitor-and-client basis to party bringing matter to Court's attention-Party assisting Court in enforcement of orders, respect for orders should not, as rule, be out of pocket for trouble-Solicitor-and-client costs incurred by applicant at first trial, in Court of Appeal, herein, amounting to $160,000, excluding $20,000 incurred in unsuccessful attempt to appeal to Supreme Court of Canada-Hughes ordered to pay costs to applicant in amount of $15,000, discharge granted.