Is a prior consent order valid and enforceable?
British Columbia, Canada
The following excerpt is from Empey v. Groves, 2001 BCCA 704 (CanLII):
It is important to recognize that an order, once made, is assumed to be correct unless overturned on appeal. Nothing in the decision in Brown v. Simon, supra, suggests otherwise. The onus was on the appellant to show that circumstances had altered since the making of the prior consent order, and that the changes were such as to warrant variation. (c) Should the appellant's application to vary the prior consent order have been dismissed?
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