Can a consent judgment of February 10, 2009 be set aside on the same grounds as the consent judgment that gave rise to it?
British Columbia, Canada
The following excerpt is from MacLean v. Mio, 2010 BCSC 1109 (CanLII):
The consent judgment of February 10, 2009 is not a judicial determination of the merits of the case but rather is “an agreement elevated to an order by consent”. A consent judgment may therefore be set aside on the same grounds as the agreement that gave rise to it: Rick v. Brandsema, 2009 SCC 10, [2009] 1 S.C.R. 295 at para. 64.
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