When can a court hold someone in contempt for not following a judgment or court order in Ontario?

Contempt of court arises when a person wilfully disobeys a court order. In civil litigation in Ontario, contempt proceedings are generally available when a party fails to comply with an order that requires them to do something specific — such as produce documents, attend an examination, disclose financial information, or comply with an injunction — rather than simply a money judgment.

For straightforward money judgments (orders to pay a sum of money), contempt is not typically available as a direct enforcement mechanism. The remedies for non-payment are the financial enforcement tools: garnishment, writs, and seizure. However, if the debtor is ordered to attend an examination in aid of execution and refuses to appear, or if they are required by court order to deliver specific property and do not, contempt becomes relevant.

Contempt proceedings are brought by motion, and the party alleging contempt must prove the breach beyond a reasonable doubt — a higher standard than the civil balance of probabilities. Courts impose a range of sanctions: fines, compensatory orders, and in serious cases, imprisonment, though incarceration for civil contempt is relatively rare and reserved for egregious or persistent defiance.

Before bringing a contempt motion, the moving party must usually demonstrate that the alleged contemnor was clearly aware of the order and deliberately chose not to comply. Courts give defendants an opportunity to remedy the breach, and many contempt motions are resolved once the party in breach understands the consequences.