What is the test for overturning a consent order?

British Columbia, Canada


The following excerpt is from Dyer v. Dyer, 2015 BCSC 2408 (CanLII):

A consent order is a formal expression of an agreement between the parties. Where parties intend to finally dispose of the issues between them, a consent order will operate as a final judgment: Campbell v. Campbell (1954), 1954 CanLII 231 (BC SC), [1955] 1 D.L.R. 304 (B.C.S.C.). For the same reason that courts enforce settlement agreements, to provide certainty to parties settling disputes, consent orders are not easily altered. Subject to statutory provisions otherwise a consent order may be set aside or altered in substance only in circumstances which justify the same treatment to the underlying contract: [citations omitted].

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