Does this court have power to relieve against against such a situation?
Saskatchewan, Canada
The following excerpt is from First City Trust Company v. Wood, 1983 CanLII 2438 (SK QB):
Does this court have power to relieve against such a situation? Is it possible to grant relief or is the only relief available that of appeal? That question was fully canvassed in Craig v. Kanseen, [1943] 1 All E.R. 108 (Eng. C.A.). Lord Green, M.R., reviewed the case law and stated at p. 113: Those cases appear to me to establish that an order which can properly be described as a nullity is something which the person affected by it is entitled ex debito justitiae to have set aside. So far as the procedure for having it set aside is concerned, it seems to me that the court in its inherent jurisdiction can set aside its own orders; and that an appeal from the order is not necessary. I say nothing on the question whether an appeal from the order, assuming that the appeal is made in proper time, would not be competent.
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