The plaintiff brought a motion seeking a finding of civil contempt against the defendants for alleged non-compliance with a prior court order requiring certain construction and repair work at leased premises.
Applying the established tripartite test for contempt—requiring a clear order, deliberate and wilful breach, and proof beyond a reasonable doubt—the court held that although the order was clear, the evidence did not establish deliberate or wilful non-compliance.
Correspondence between the parties showed the defendants attempting to schedule and perform the ordered work while encountering obstacles and additional demands from the plaintiff outside the scope of the order.
The contempt motion was dismissed.
The court nevertheless issued further directions and timelines to complete outstanding work, including water hookup and construction of a second bathroom.
