Some parties after receiving a favourable order from the court may face difficulties to make the other side adhere to it. For instance, in some cases, parties feel that the other side is willingly and deliberately refusing to follow the court order. In such circumstances, a contempt of court order proceeding should be undertaken to facilitate enforceability of the favourable order.
In a recent Superior Court decision, the Honouable Mr. Justice Campbell stated:
“Orders are not proposals, recommendations, nor mere suggestions. They are commands and litigants are required to comply with them unless there is an obvious danger or risk of harm to a child: (such as snowstorm, obvious abuse or confirmed medical reasons).”
Three criteria must be met to obtain a contempt of court order:
(a) the terms of the original order must be clear and unambiguous;
(b) the non-compliance must be wilful and deliberate; and
(c) the facts of the motion must be proved beyond a beyond a reasonable doubt.
Upon obtaining a contempt of court order, the party seeking enforcement of a favourable order may seek their legal costs from the other side under section 24 of the Rules of Court.
http://www.canlii.org/en/on/onsc/doc/2015/2015onsc4168/2015onsc4168.html