Is a consent order or judgment a contract between the parties?

Ontario, Canada


The following excerpt is from Gardner v Gardner, 2015 ONSC 8081 (CanLII):

A consent order or judgment is considered at law to be a contract between the parties: Teitelbaum v. Dyson (2000), 7 C.P.C. (5th) 356. I can only conclude that the applicant father and the respondent mother agreed to share these expenses equally no matter which one of them advanced the money to pay the extraordinary expense to the child or paid for that expense directly. It is my view that the agreement made by the parties and formalized in an order supplanted any reliance on section 7 either of them may have had to define their proportionate shares of extraordinary expenses geared to their respective incomes.

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