Can a consent order be overturned on the grounds of fraud or facts that arose or were discovered after the order was made?

Ontario, Canada


The following excerpt is from Kwik v. Occhuito, 2014 ONSC 4883 (CanLII):

The court may set aside a consent order on the grounds of fraud or facts that arose or were discovered after the order was made, or on the same grounds as setting aside a contract. In order to set aside a judgment on the basis of fraud, the husband must prove fraud on a balance of probabilities; the proven fraud must be material; the evidence of fraud must not have been known at the time of trial to the party seeking to rely on it; the party alleging fraud must have exercised due diligence; delay will defeat a motion to set aside a judgment. An order pursuant to rule 59.06 of the Rules of Civil Procedure is discretionary. Finck v. Henry [1999] O.J. No. 2757.

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