'Whistleblower' appeals judge's contempt ruling

Saturday, August 13, 2011

by BETTER FARMING STAFF

A self-described whistleblower who has taken on the powerful in Canada’s egg industry is challenging the impartiality of an Ontario judge who ruled against him.

On Wednesday, Information Technology specialist Norman Bourdeau’s lawyer filed a motion before the Ontario Court of Appeal in Toronto asking the court to overturn Superior Court Justice P.D.  Lauwers’ July 28 order against Bourdeau in Oshawa, declaring Bourdeau in contempt of court for keeping and disseminating court documents under a court order.

Among a number of points of law that Bourdeau’s lawyer raised, the Aug. 10 motion reads “on or about July 20, 2011, Norman Bourdeau became aware that Justice Lauwers, prior to being called to the bench was a senior partner with the law firm Miller Thompson.”

The motion for appeal says: “From 2003 to 2007, the law firm Miller Thompson and its predecessor form McCarthy Tetrault was Counsel for the defendant L.H. Gray group of companies.”

“This representation continued and overlapped with the representation of the L.H. Gray group of companies by Harrison Pensa, current Counsel for the defendant L.H. Gray,” the motion reads.

L. H. Gray and Sons Limited is a defendant in a lawsuit brought about by egg grader Best Choice Eggs, a division of Sweda Farms Ltd, Verified Eggs Canada Inc, of Blackstock and owner Svante Lind against Gray, based in Strathroy and Ontario’s other major egg grading company Burnbrae Farms Limited, of Lyn in eastern Ontario.  Also a defendant in the case is the provincial egg marketing board.

Neither Bourdeau’s lawyer, Rod Refcio, nor L.H. Gray’s lawyer, Allison Webster, responded to requests for interviews on Friday afternoon. BF