What is the effect of an accountant’s error in a consent order?
British Columbia, Canada
The following excerpt is from Janmohamed v. Janmohamed, 2016 BCSC 513 (CanLII):
In that event, I find support for the Respondent’s argument from the reasoning in Buschau v. Rogers Communications Inc., 2004 BCCA 142. In that case, the parties agreed to payment of a certain interest figure, calculated by the accountant, which was incorporated into a consent order. This figure was incorrect and the party who had overpaid sought a return of the overpayment. The court ordered that the order be rectified by inserting the correct figure. The court exercised its inherent jurisdiction in ordering such relief:
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