Johnston loses bid to delay sentencing in contempt case
The sentencing of Calgary anti-vaxxer Kevin J. Johnston for contempt of court for making racist and defamatory comments about a Toronto-area restaurateur won't be delayed until November, an Ontario judge has ruled.
In a written decision, Ontario Superior Court Justice Fred Myers said it wouldn't be fair to the victim of Johnston's remarks to have to wait for the fringe Calgary mayoral candidate's lawyer's availability.
Lawyer Ian Mccuaig said he could represent Johnston for his contempt sentencing, but he isn't available until November and squeezing a half-day hearing into his calendar would be detrimental to his other clients.
But Myers, noting Johnston has publicly admitted in the past to requesting legal counsel just to delay proceedings, said the hearing will go ahead on Sept. 22.
“I cannot ignore Mr. Johnston's public statements that he uses the expression of a desire for a lawyer tactically and that he does not retain lawyers in civil matters,” Myers wrote.
The judge also said he was “struck by the convenience of Mr. Johnston's ability to find a way to retain Mr. Mccuaig,” after earlier indicating he could not afford to pay for counsel.
Myers earlier found Johnston guilty of contempt for repeatedly breaching a court order that he cease defaming Paramount Fine Foods owner and founder Mohamad Fakih.
In 2019, an Ontario judge found Johnston had defamed Fakih and ordered him to pay $2.5 million in damages as well as imposing a permanent injunction on him from making such statements.
Johnston is also facing legal woes here in Alberta. He's set to face sentencing for contempt of court on Aug. 25, before Court of Queen's Bench Justice Adam Germain, who earlier found the COVID-19 denier violated three court orders by continuing to ignore public safety restrictions to combat the virus's third wave.
He uses the expression of a desire for a lawyer tactically and … he does not retain lawyers in civil matters.