What is the legal test for consent orders?
British Columbia, Canada
The following excerpt is from Buschau v. Rogers Communications, 2003 BCSC 929 (CanLII):
A consent order, such as was entered in this instance, is a formal expression of an agreement. Apart from legislation that provides otherwise, where such an order is clear and unambiguous, it can be set aside or varied by the court only where the enforceability of the underlying agreement is impaired by the application of principles that govern the validity of contracts such as fraud, common mistake, duress, and illegality: Shackleton v. Shackleton, 1999 BCCA 704 at ¶ 12.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what line of cases have courts found consent can be withdrawn before a consent order has been drawn up and perfected? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
Can a consent order settle the terms of the order? (British Columbia, Canada)
What is the legal test for overturning a consent order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
Can a court be functus officio where it entered an order with respect to liability and damages but retains jurisdiction to order costs? (British Columbia, Canada)
What is the meaning of a consent order? (British Columbia, Canada)
What is the legal background to s. 71 of the Legal Profession Act? (British Columbia, Canada)
What is the current state of the law on leave to appeal from an order for special costs made separately from the substantive order? (British Columbia, Canada)
