Egg industry whistleblower withheld evidence from court-ordered supervisor: judge

Tuesday, August 2, 2011

by BETTER FARMING STAFF

An Ontario Superior Court Justice has found self-described whistleblower Norman Bourdeau was in contempt of a court order when he disseminated documents dealing with his former employer’s egg grading business last year.

Justice P.D. Lauwers’ July 28 decision refers to a June 10 hearing in Oshawa where he heard arguments for and against finding Bourdeau in contempt.

On Feb. 12, 2010, Justice J.  Corkery ordered Bourdeau to deliver all evidence or documents in his possession with respect to the business of egg grader L.H. Gray and Son Limited to a supervising solicitor in Kitchener. Later, Bourdeau distributed copies of 250 emails of correspondence between L.H. Gray and its customers and a file concerning egg grading to Gray’s customers and to agricultural regulatory bodies across Canada, including the Ontario Farm Products Marketing Commission.

In the July 28 decision, Lauwers wrote that: “I find that Mr. Bourdeau breached the order by retaining a copy of some of the evidence that he was obliged to file with the supervising solicitor and by disseminating it. He thereby interfered with the business of the court. Mr. Bourdeau’s acts themselves were deliberate and wilful; while I do not find that he disdains the order or the judicial system, I do find that he was indifferent to terms of the court order and reckless.”

On Oct. 13, Lauwers will hear arguments regarding penalties and costs. BF