What is the effect of the rule against collateral attack?
British Columbia, Canada
The following excerpt is from R. v. Wong, 2016 BCPC 208 (CanLII):
The rule is a judicial creation based on general considerations related to the administration of justice. The doctrine is designed to maintain the rule of law and the reputation of the administration of justice. As a consequence, the rule against collateral attack is intended to prevent a party from circumventing the effect of the decision rendered against it: Garland v. Consumers’ Gas Co., 2004 SCC 25, at para. 72.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of adverse effects discrimination on a disabled person? (British Columbia, Canada)
For the purposes of collateral security, what is the legal test for collateral security? (British Columbia, Canada)
What is the effect of an injunction restraining the wife from selling, disposing of or voting her shares in a company to effect a sale or disposal of the assets of the company? (British Columbia, Canada)
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
What common law doctrines apply to issue estoppel, abuse of process and collateral attack? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
Is there a collateral attack on a binding order issued by an administrative tribunal? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
What is the test for collateral attack in a sexual abuse case? (British Columbia, Canada)
What is the effect of a judge's failure to discuss collateral aspects of a case? (British Columbia, Canada)
