What are the elements required to establish a breach of a court order?
British Columbia, Canada
The following excerpt is from T.A.O. v D.J.M, 2021 BCSC 1724 (CanLII):
In order to establish a breach of a court order, the respondent must show that: (1) the order was clear and unequivocal regarding what should or should not be done; (2) the claimant had actual notice of the order; and (3) the breach was intentional. These are the same elements required for a finding of contempt, except that in the case of contempt, the standard of proof is proof beyond a reasonable doubt: Carey v. Laiken, 2015 SCC 17 at paras. 33-35.
For the purposes of s. 230, the breach of a court order must be established on the balance of probability: Reehal v. Reehal, 2020 BCSC 1635 at paras. 75-76.
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