Whistleblower Norman Bourdeau was in court in London today facing another contempt of court charge.
Lawyer Allison Webster, acting on behalf of L.H. Gray and Son Ltd., has filed four contempt of court charges, plus a couple of motions, all aimed at silencing and punishing Bourdeau who alleges Gray has cheated egg farmers and consumers by representing undergrades, mainly cracks, as Grade A eggs.
Two of the charges have been settled by the lawyers with a fine of $500 each and $1,000 to be paid to Gray for each case. One is awaiting a decision by Justice Peter Lauwers in Durham Regional Court in Oshawa. This case is now in the hands of Justice Roland Haines who said he will have a decision by Friday.
The short version is that Webster was hard-pressed to "prove beyond a reasonable doubt" that Bourdeau acted "deliberately and willfully" in missing a deadline of March 4 by one week. He said he was ill with pneumonia and unable to compile and furnish a list of everybody he has provided with an outline of his allegations against Gray.
The long version includes Webster's arguments that Bourdeau's claim of illness lacks credibility, that he has a pattern of failing to comply with court orders and his allegations threaten serious harm to Gray's egg-grading business.
Lawyer Rod Refcio, acting for Bourdeau, has taken only a tenth as much time as Webster to argue his client's positions.
Webster wants the judge to fine Bourdeau more than $5,000. Refcio argued for a "not guilty" verdict and said if the judge does find him guilty, the fine should be the same as the two other cases - $500 to the court, $1,000 to Gray.
Webster said if Gray wins, she wants more than $5,000 in court costs. Refcio said if he wins, he will be satisfied with $2,000 in court costs.
One minor point that greatly interested me was Webster's reference to Bourdeau's allegations, saying they amount to "defrauding egg farmers and consumers." It's the first time "fraud" has been mentioned in open court.
Fraud is, of course, a criminal offence.
