What is the test for finding a party in breach of a restraining order?
Ontario, Canada
The following excerpt is from A.F. v. J.W., 2011 ONSC 1868 (CanLII):
In L.(A.G.) v. D.(K.B.), 2009 CanLII 14788 (ON SC), [2009] O.J. No. 1342 (Ont. S.C.J.), the court said that in relation to each of the alleged breaches, the court must make the following findings: 1. That the relevant order was clear and unambiguous; 2. The fact of the order's existence was within the knowledge of the respondent (on the Motion) at the time of the alleged breach; 3. That the respondent intentionally did, or failed to do, anything that was in contravention of the order; 4. That the respondent was given proper notice of the terms of the order. (See: Haywood v. Haywood, 2010 ONSC 5615 (CanLII), [2010] O.J. No. 4317 at paras.41-43 (S.C.J.))
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