What are the grounds for setting aside or varied a consent order?
British Columbia, Canada
The following excerpt is from Verma v. Verma, 2007 BCCA 566 (CanLII):
Consent orders represent an agreement of the parties and will not generally be set aside or varied unless grounds can be shown that would justify setting aside the underlying contract: see Shackleton v. Shackleton, 1999 BCCA 704, 1 R.F.L. (5th) 459 ¶ 12. Grounds would include such things as duress, undue influence, fraud, misrepresentation, mistake, and unconscionability. Nothing of the sort has been suggested here and, in my view, the appellant remains bound by the agreement and by the order that incorporated it.
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