July 6 – Contempt of Court

“In his reasons, the motion judge correctly set out the criteria relevant to a finding of contempt of court.  As set out by this court in Prescott Russell Services for Children and Adults v. G.(N.) (2006), 2006 CanLII 81792 (ON CA), 82 O.R. (3d) 686 (Ont. C.A.):

A three-prong test is required.  First, the order that was breached must state clearly and equivocally what should and should not be done.  Secondly, the party who disobeys the order must do so deliberately and wilfully.  Thirdly, the evidence must show contempt beyond a reasonable doubt.”

Davydov v. Kondrasheva, 2012 ONCA 488 (CanLII) at 9