Can a defendant be found to have knowingly contravened an injunction by failing to comply with it?
Ontario, Canada
The following excerpt is from The Neighbourhoods of Windfields Limited Partnership v. Ronald Death, et al., 2010 ONSC 1800 (CanLII):
In DiGiacomo v. DiGiacomo Can. Inc. (1988), 20 C.P.R. (3d) 251 at paras. 27-29 (H.C.J.), Arbour J. held at paragraph 29: 29 The defendant will be said to be knowingly contravene the injunction if the evidence shows beyond a reasonable doubt that he knew he was refrained from doing, or understood the injunction probably prohibited his contemplated course of action and was reckless as to whether it did or not.
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