What are the elements of contempt and what is the test for contempt?

British Columbia, Canada


The following excerpt is from Workers’ Compensation Board of British Columbia v Skylite Building Maintenance Ltd., 2019 BCSC 231 (CanLII):

The three elements of contempt, which must each be established beyond a reasonable doubt for each count of contempt as alleged against the respondents, are as follows: a) the order must state clearly and unequivocally what should and should not be done; b) the party alleged to have breached the order must have had actual knowledge of the order; and c) the party allegedly in breach must have intentionally done the act that the order prohibits or intentionally failed to do the act that the order compels. See Carey v. Laiken, 2015 SCC 17 at paras. 32-35 [Carey].

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