Is collateral attack on a court order binding and conclusive?
Alberta, Canada
The following excerpt is from Energy Resources Conservation Board v. Sarg Oils Ltd., 1998 ABQB 804 (CanLII):
Generally speaking, collateral attacks on court decisions are not permissible. McIntyre J., in Wilson v. The Queen (1983), 1983 CanLII 35 (SCC), 9 C.C.C. (3d) 97 at 117 (S.C.C.), states: It has long been a fundamental rule that a court order made by a court having jurisdiction to make it stands and is binding and conclusive unless it is set aside on appeal or lawfully quashed. It is also well settled in the authorities that such an order may not be attacked collaterally - and a collateral attack may be described as an attack made in proceedings other than those whose specific object is the reversal, variation, or nullification of the order or judgment.
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