Civil Contempt: Strict Review Standards
Source: 2019 BCCA 326 Lee v. Weidner
outlines the analytic framework for civil contempt finding. In this case the contempt was for a breach of a court order:
In simplest terms the Court will look for:
1. A clear unambiguous order;
2. Service of that order on an individual;
3. Knowledge of the order by that individual;
4. Knowing, intentional or reckless breach of the order;
5. All on direct evidence (no hearsay);
6. All to a standard beyond reasonable doubt.
Breach of a court order is a serious matter. Ensure that you are in compliance to avoid a very nasty contempt hearing. Likewise ensure that orders are unambiguous and clearly communicated to ensure that they are enforceable.