What is the test for wilful disobedience of an order?

The concept of non-compliance with a court order as a wilful disobedience of an order was considered in an unreported decision, Whyte v. The Sandpiper VI, 16 May 2002, docket T-257-01, 2002 FCT 572. There Madam Justice Heneghan, dealing with the second stage of a contempt proceeding, pointed out that she was not satisfied that the non-observance of an arrest warrant occurred by reason of a deliberate and conscious intention to disobey in the order. She concluded that a plaintiff, who had brought the contempt proceeding, had not discharge the evidentiary burden. She acknowledged that the subjects of the intended contempt order, who were present, did not and need not give evidence. She reached this conclusion notwithstanding the use of equipment belonging to the dredge which was under arrest.