CIVIL EVIDENCE - Hearsay rule - Documentary evidence - Affidavits

Law360 Canada (August 16, 2022, 5:57 AM EDT) -- Appeal by Shenner from a decision finding him guilty of civil contempt. The respondents, minority shareholders of Zybertech CA, removed the appellant, president and sole director of Zybertech CA, alleging he used company funds for personal matters. A 2020 consent order appointed PWC to review Zybertech CA’s expenses and those of its affiliates and restricted the appellant from withdrawing funds from accounts held by Zybertech CA and its affiliates, including Zybertech USA. In January 2021, the appellant withdrew funds from Zybertech USA. The judge determined that the appellant was in contempt of the 2020 order as he had transferred money from Zybertech USA to himself in direct breach of its terms. The respondents’ affidavit contained no direct, sworn evidence of the alleged contemptuous withdrawal of funds from Zybertech USA, but the affiant attached an email from PWC to counsel for the respondent....
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