Justice Peter Lauwers gave a lengthy and detailed explanation of how he came to find whistleblower Norman Bourdeau in contempt of court in the lawsuits swirling around the Ontario egg industry.
He notes that Bourdeau, during cross-examinations in May, 2010, assured Gray's lawyers that he had turned over all documents he had taken from L.H. Gray and Sons Ltd. Later, it became apparent that Bourdeau had kept copies and used them to prepare a 170-page submission to the Ontario Farm Products Marketing Commission and to circulate information to about 170 others.
Lauwer says "Mr. Bourdeau sees himself as a 'crusader' and instrument of justice" and calls himself a "whistleblower". As such, Lauwers said Bourdeau seems to think he's above the law that required him to turn over all of the documents.
He said it's "disingenuous" of Bourdeau to argue a year later, in May of this year, during another cross-examination that he thought the order applied only to originals and did not prevent him from keeping copies.
Bourdeau said he kept and used copies to provide information to regulators and police forces. Gray's lawyers complained that he also contacted Gray's clients, including supermarket chains, and some egg farmers.
Lauwers says Bourdeau's "animosity towards Gray is especially palpable and may explain some of his behaviour" and says that he can understand why Bourdeau feels that way, given the terms of his dismissal from employment at L.H. Gray and Son Ltd.
Lauwers said Bourdeau was "indifferent to the terms of the court order and reckless."
The lawyers are to appear before Lauwers again on Oct. 13 in Oshawa to present their views about an appropriate penalty and whether Bourdeau should pay Gray's legal bills for this case and, if so, how much.
All of this, in the words of Justice Roland Haines in London court, is merely a small side issue to the main court action, which is lawsuits Svante Lind of Best Choice Eggs has filed against Gray, against Burnbrae Farms and against the Egg Farmers of Ontario marketing board.
Lauwers made it clear that this case is separate from Lind's lawsuits which are still a long way from trials and decisions.
