What are the elements for contempt of court?

Ontario, Canada


The following excerpt is from Gupta v Gupta, 2016 ONSC 6506 (CanLII):

The three elements for civil contempt were reviewed by Cromwell J. in Carey v. Laiken, 2015 SCC 17 (CanLII), at paras. 32-35. They involve the following: a. The alleged contemnor must have breached an order that “clearly and unequivocally” states what should or should not be done. b. The alleged contemnor must have knowledge of the order. Knowledge may be inferred from the circumstances. It can also be proven on the basis of wilful blindness. c. The alleged contemnor must have intentionally committed the prohibited act or failed to do the required act.

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