Sanctions for Breach of the Order

• Author: David A. Crerar
• Pages: 269-271

CHAPTER

23

Sanctions

for

Breach

of

the

Order

A.

BREACH

BY

THE

DEFENDANT

See,

generally,

Chapter

13.

The

failure

of

a

defendant

to

obey

an

Anton

Piller

order

may

result

in

a

finding

of

contempt.

Echostar

Communications

v

Rodgers,

2010

ONSC

2164

at

para

32

The

defendant

also

risks

the

drawing

of

an

adverse

inference

if

she

has

denied

entry

and

if

evidence

is

not

forthcoming

at

a

later

date.

Anton

Piller

KG

v

Manufacturing

Processes,

[1976]

i

All

ER

779

at

783

Adobe

Systems

v

KLJ

Computer

Solutions,

[1999]

3

FCR

621

at

para

33

(TD)

Imprisonment

and

monetary

sanctions

have

been

imposed,

for

the

purposes

of

general

and

specific

deterrence,

where

a

party

has

refused

to

comply

with

an

Anton

Piller

order.

Dish

Network

v

Ramkissoon,

2010

ONSC

5205

at

paras

17-20,

var'd

2011

ONCA478

A

person

cannot

be

found

in

contempt

of

an

Anton

Piller

order

requiring

him

to

deliver

up

infringing

merchandise

from

a

store

in

the

absence

of

proof

beyond

a

reasonable

doubt

that

at

the

relevant

time

there

was

merchandise

in

the

store

meeting

the

definition

of

the

unauthorized

or

counterfeit

merchandise

and

that

the

person

knew

there

was

such

merchandise

in

the

store.

New

Era

Cap

v

Capish?

Hip

Hop,

2006

FCA

66

at

para

12

269