Can a consent order settle the terms of the order?
British Columbia, Canada
The following excerpt is from Bruneski v. Fowell, 2001 BCSC 991 (CanLII):
The general rule is that the court cannot settle a consent order. See Hu v. Hu [1996] B.C.W.L.D. 2484 (S.C.). However, after hearing the plaintiff, I am satisfied that she did consent to the terms of the order at the time it was made. That being the case, it is my view that I am not settling the terms of the order but rather dispensing with the plaintiff’s approval as to form and presenting the order, signed by me, to the Registry for entry.
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