What happens if someone breaches an injunction that was granted against them in Ontario?
Breaching a court injunction in Ontario is treated as contempt of court, a serious matter separate from the underlying lawsuit itself, since it involves defying the court's authority rather than simply losing a legal argument. The party who obtained the injunction can bring a motion asking the court to find the other side in contempt, and if contempt is found, the court has a range of possible responses depending on the seriousness and persistence of the breach, including a fine, an order to comply going forward, cost consequences, and in serious or repeated cases, imprisonment.
Because contempt findings carry serious, sometimes quasi-criminal consequences, courts require the breach to be proven to a higher standard than the usual civil balance of probabilities, and the injunction itself generally has to have been clear enough that the person understood what was required of them - a vaguely worded order is harder to enforce through contempt than a precise, specific one. If you believe an injunction against you has been breached, documenting the specific conduct and how it violates the precise wording of the order is essential before bringing a contempt motion, since the clarity and proof requirements are genuinely demanding.
Key takeaways
- Breaching an injunction is treated as contempt of court, a serious matter separate from the underlying lawsuit.
- Consequences for contempt can include fines, compliance orders, cost consequences, and in serious cases, imprisonment.
- Contempt must be proven to a higher standard than the ordinary civil balance of probabilities.
- The injunction must have been clearly worded enough that the breaching party understood what was required.