Canada ( Attorney General ) v. First National Export & Import Co. Ltd.
T-951-95
Reed J.
25/1/96
8 pp.
Defendant Bloomsbury & Butterfield Auctioneers Appraisers Ltd. breaching orders of McGillis J. dated May 29, 1995 and of Pinard J. dated June 19, 1995-Auctioning of Persian and oriental carpets said to be required as result of unpaid customs duties and taxes-Orders not vague or imprecise, consented to by defendant-Forbidding advertisements "which could lead, directly or indirectly, to the belief that the sale [was] . . . authorized, requested or agreed to by the Government of Canada"-Advertisements placed by defendant in The Edmonton Journal after order of May 29, 1995 and in Halifax Chronicle Herald leading plaintiff to file applications for show cause order-Applications granted-Defendant's argument words "Government ordered" might be interpreted as referring to foreign government untenable-Foreign governments not giving "orders" to be obeyed in Canada-Advertisements falling within express wording of orders-Orders framed in very broad terms, intended to prevent shifting actions taken by defendant-Test applied reading of advertisements from position of reasonable person with average intelligence-Defendant in contempt of Court orders-Defendant's evidence totally lacking in credibility-Breaches flagrant attempts to circumvent express terms of Court orders-Defendant ordered to pay fine of $5,000.