What is the legal test for a consent judgment?
Ontario, Canada
The following excerpt is from McRitchie et al v. Dr. Natale et al, 2011 ONSC 3400 (CanLII):
I am also guided by these comments of the author of The Doctrine of Res Judicata in Canada, 3d edition at p. 351: The traditional view of a consent judgment is that it is a judgment of the court, not an agreement between the parties to the proceeding, and it is enforceable in the same manner as if it had not been created by consent, but by the court on completion of a trial or hearing. It is to be regarded as a judgment after a hearing on the merits: Whitmell v. Ritchie, [2009] O.J. No. 2064 (Div. Ct.) at para. 42.
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