Simon's Legal Resources

Contempt - Procedure

. Deeproot Green Infrastructure, LLC v. Greenblue Urban North America Inc.

In Deeproot Green Infrastructure, LLC v. Greenblue Urban North America Inc. (Fed CA, 2023) the Federal Court of Appeal briefly illustrated contempt procedure, here in a patent infringment case:

II. The Contempt Proceedings

[24] As it believed that GreenBlue’s AirForm system violated the terms of the injunction, DeepRoot commenced contempt proceedings against GreenBlue in the Federal Court.

[25] DeepRoot obtained a “show cause” order pursuant to Rule 467 of the Federal Court Rules, SOR/98-106, requiring a representative of GreenBlue to appear and hear proof of the acts with which GreenBlue was charged, namely, breaching the Court’s injunction in 2021 FC 501, by:

(a) Selling or offering for sale in Canada the RootSpace structural cells as part of the RootSpace AirForm package;

(b) Importing or exporting RootSpace structural cells for commercial sale;

(c) Stockpiling RootSpace structural cells in Canada for commercial purposes.

[26] Following an adjournment of the original date set for the contempt hearing, GreenBlue undertook not to sell the RootSpace AirForm system until the determination of the contempt motion. There was no allegation that GreenBlue did not abide by this undertaking.