What is the test for determining if a consent order has been vitiated?

Alberta, Canada


The following excerpt is from M.E.O. v. S.R.M., 2004 ABCA 90 (CanLII):

In these circumstances, it was appropriate to conclude that the respondent’s consent to the order had been vitiated, necessitating a review as to whether or not the consent order was in the best interests of the child. This, in effect, is what the chambers judge did when she considered Miglin v. Miglin, supra by way of analogy only.

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