Is a consent order enforceable in all circumstances?
British Columbia, Canada
The following excerpt is from Morey v. Morey, 2015 BCSC 2340 (CanLII):
As I understand the position of the respondent, it is in effect that the agreement underlying the consent order is contractual in nature, and an application to vary it should be approached subject to an analysis under s. 15.2 of the Divorce Act in keeping with the analysis in Miglin v. Miglin, 2003 SCC 24 and having regard for the agreement underlying the consent order.
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