The Federal Court has found the defendant in this trademark proceeding in contempt of court.
The within action was commenced in September 2015 by Burberry. It alleges the defendant has dealt in counterfeit Burberry merchandise, resulting in the infringement and passing off of Burberry's trademarks.
Following events occurring in the United Kingdom, Burberry obtained an ex parte Mareva injunction in Canada, enjoining the defendant from dissipating his assets and other relief.
Burberry subsequently filed motion materials seeking a show cause order against the defendant based on allegations that he had dealt with his assets in contravention of the earlier orders, that his sworn statement was deficient and that he had lied under oath. The Court held that Burberry had established a prima facie case in contempt.
At the contempt hearing, oral evidence was provided by both parties. The sole issue to be decided was whether the evidence established the alleged contempt of the defendant beyond a reasonable doubt.
The Court concluded the defendant was in contempt of seven of the eight counts in the Show Cause Order. These related to the withdrawal of money from a bank account and for failing to disclose the identity of a bank account as a part of his assets. The Court did not conclude that the defendant was lying when he testified.
Submissions as to the relevant penalty are pending.