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What is required for a civil contempt conviction?

There is a three part test for contempt:

“The criteria applicable to a contempt of court conclusion are settled law. A three-pronged test is required. First, the order that was breached must state clearly and unequivocally 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. Any doubt must clearly be resolved in favour of the person or entity alleged to have breached the order.”  [Case citations omitted.]

Prescott-Russell Services for Children and Adults v. G. (N.), 2006 CanLII 81792 (ON CA), ¶ 27.

This post is done by Camberwell House for informational, discussion and educational purposes only. It is NOT to provide specific legal advice and does not do so. There is no lawyer-client relationship between you and Camberwell House and you should seek your own lawyer and obtain legal advice tailored to your circumstances.

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