Newfoundland Telephone Co. v. Janes, (1986) 59 Nfld. & P.E.I.R. 159 (NFDC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: May 21, 1986
• Jurisdiction: Newfoundland and Labrador
• Citations: (1986), 59 Nfld. & P.E.I.R. 159 (NFDC)

Nfld. Tel. v. Janes (1986), 59 Nfld. & P.E.I.R. 159 (NFDC);

    178 A.P.R. 159

MLB headnote and full text

Newfoundland Telephone Company v. Janes

(1985 No. C.B. 624)

Indexed As: Newfoundland Telephone Co. v. Janes

Newfoundland District Court

Judicial Centre of Corner Brook

Woolridge, D.C.J.

May 21, 1986.

Summary:

Newfoundland Telephone obtained a judgment against a debtor. Newfoundland Telephone obtained several orders requiring the judgment debtor pay the amount of the judgment by instalments. The judgment debtor defaulted several times and each time Newfoundland Telephone obtained an order committing the judgment debtor to jail. The judgment debtor appealed respecting one of the committal orders.

The Newfoundland District Court allowed the appeal and quashed all three committal orders, because both the rules of natural justice and provisions of the Charter were breached.

Administrative Law - Topic 2006

Natural justice - Circumstances when rules applicable - The Newfoundland District Court held that a judgment debtor cannot be imprisoned for contempt for failure to pay outstanding instalments on a judgment unless and until he is properly notified of the allegations of contempt, that he has a right to counsel, that he will be presumed innocent until proven guilty, that he has a right to make full answer and defence, to be given an opportunity to give or call evidence, given an opportunity to purge his con tempt and to address the court respecting sentence - The court held that a hearing or examination of the judgment debtor conducted without due regard to these rights would constitute a denial of natural justice.

Civil Rights - Topic 726

Liberty - Charter - Denial of liberty - What constitutes - The Newfoundland District Court held that a judgment debtor cannot be imprisoned for contempt for failure to pay outstanding instalments on a judgment unless and until he is properly notified of the allegations of contempt, that he has a right to counsel, that he will be presumed innocent until proven guilty, that he has a right to make full answer and defence, to be given an opportunity to give or call evidence, given an opportunity to purge his contempt and address the court respecting sentence - The court held that a hearing or examination of the judgment debtor conducted without due regard to these rights constituted a breach of the right to liberty in s. 7 of the Charter.

Contempt - Topic 5506

Jurisdiction to punish for contempt - Inferior courts - The Newfoundland District Court held that as distinct from contempt in the face of the court, an inferior court has no jurisdiction to deal with contempt outside the face of the court - Disobedience of the order of an inferior court by a party to that order constitutes contempt outside the face of the court - See paragraph 31 - The court held, however, that the Newfoundland Provincial Court has jurisdiction pursuant to s. 8 of the Small Claims Act to deal with contempt respecting a judgment debtor's failure to pay outstanding instalments on a judgment - See paragraph 32.

Creditors and Debtors - Topic 6565

Arrest and imprisonment of debtors - Attachment order - Conditions precedent - The Newfoundland District Court held that a judgment debtor cannot be imprisoned for contempt for failure to pay outstanding instalments on a judgment unless and until he is properly notified of the allegations of contempt, that he has a right to counsel, that he will be presumed innocent until proven guilty, that he has a right to make full answer and defence, to be given an opportunity to give or call evidence, given an opportunity to purge his contempt and address the court respecting sentence.

Cases Noticed:

Regina and Monette, Re (1975), 28 C.C.C.(2d) 409 (Ont. High Ct.), refd to. [para. 23].

R. v. Cohn (1984), 4 O.A.C. 293; 15 C.C.C.(3d) 150 (C.A.), refd to. [para. 23].

R. v. Ayres (1984), 5 O.A.C. 150; 15 C.C.C.(3d) 208 (C.A.), refd to. [para. 26].

R. v. Cote, 11 C.C.C.(2d) 551 (Que. C.A.), refd to. [para. 27].

R. v. Menard, 9 C.C.C.(2d) 15 (Que. Q.B.), refd to. [para. 27].

R. v. Larsen (1974), 19 C.C.C.(2d) 574 (Ont. C.A.), refd to. [para. 27].

R. v. Pinx (1979), 1 Man.R.(2d) 1; 50 C.C.C.(2d) 65 (C.A.), refd to. [para. 27].

Statutes Noticed:

Small Claims Act, S.N. 1979, c. 24, sect. 6(1) [para. 6]; sect. 8(1) [para. 20]; sect. 8(2) [paras. 21, 25, 32]; sect. 9(1) [para. 5]; rule 25(4) [paras. 6, 20-21, 24, 25, 34, 37]; rule 25(5) [paras. 6, 20-21].

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [paras. 19, 34].

Authors and Works Noticed:

Orkin, The Law of Costs, p. 227 [para. 42].

Counsel:

Nick Avis, for the appellant;

Kymil Howe, for the respondent.

This appeal was heard before Woolridge, D.C.J., of the Newfoundland District Court, Judicial Centre of Corner Brook. The decision of Woolridge, D.C.J., was delivered on May 21, 1986.