Can a consent judgment be set aside if the consent was executed by counsel and issued by the court?

Saskatchewan, Canada


The following excerpt is from McIvor v. McIvor, 2001 SKQB 462 (CanLII):

I am of the view that these general principles have application to the issues before me, particularly to a consideration of what circumstances would entitle a party to a consent judgment, executed by counsel and issued by the court, to have such a consent judgment declared to be ineffectual and set aside. The rationale in Hawitt v. Campbell et al. (supra), suggests, by implication, that such a consent judgment could be declared to be ineffectual and set aside if there was a limitation on the instructions of the solicitor which was known to the opposite party, or where a solicitor misapprehended instructions or facts of a nature such as would result in injustice or make it unreasonable or unfair to enforce the settlement, or where fraud or collusion in relation to the settlement could be demonstrated.

Other Questions


In what circumstances would the execution of an execution be postponed if the execution costs became so high that the execution would not have to be withdrawn? (Saskatchewan, Canada)
If a vendor takes a personal judgment against a plaintiff, and then withdraws the execution of the contract, what is the effect of the judgment against the vendor? (Saskatchewan, Canada)
Is a debt attached to the judgment debtor while execution of the judgment is stayed? (Saskatchewan, Canada)
How have the courts in England and Wales dealt with the issue of bias and bias of the Supreme Court? (Saskatchewan, Canada)
What is the test for an application to have a writ of execution returned to the issuing court? (Saskatchewan, Canada)
In what circumstances will the Supreme Court review a decision by a majority of the Court of Appeal not adjourning on a motion of appeal? (Saskatchewan, Canada)
Does the issue of informed consent by an accused under s.8 of the Charter apply? (Saskatchewan, Canada)
In what circumstances have the courts found that a joint owner of a homestead can transfer interest in the homestead without the consent of the wife? (Saskatchewan, Canada)
Can a plaintiff obtain a personal judgment from the Superior Court of Justice? (Saskatchewan, Canada)
What is the test for opening up a noting for default and setting aside a default judgment? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.