Is the first order issued under section 38 of the BIA nullity?
British Columbia, Canada
The following excerpt is from Culp v. KPMG et al., 2006 BCSC 1599 (CanLII):
I disagree that those authorities establish in this case that the first order is a nullity. It is settled law in this province that failure to comply or incomplete compliance with s. 38 of the BIA is to be treated in appropriate circumstances as an irregularity only. If it can be cured without prejudice to other parties and if there is no prejudice or injustice then that may be allowed by an order nunc pro tunc. That is with reference to Jaston v. McCarthy.
"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)
What is the procedure used by First Nations First Nations to obtain access to First Nations land? (British Columbia, Canada)
Is an order from an application to re-open and re-consider a decision, where the order from the first judgment had been entered, a matter of practice and procedure? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
Is there any case law where the issues sought to be resolved, e.g. whether the tenant has a right of first refusal, are interminably intertwined with other issues? (British Columbia, Canada)
What is the impact of an injunction being sought against a First Nations First Nation (formerly First Nations) band for access to their traditional lands? (British Columbia, Canada)
Is a final spousal support order under section 15.2(3) of the Attorney General's Guidelines for Divorce Review Order enforceable? (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)
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)
What is the appropriate order to compel the Minister of Justice to reconsider his decision not to issue an interim order in the context of the Da'naxda'xw? (British Columbia, Canada)
