What is the test for following the original order?
Saskatchewan, Canada
The following excerpt is from Wittal v. Himmelspach, 1983 CanLII 2352 (SK QB):
Except to the extent that I have done so to determine whether or not I should, I do not propose, for the reasons stated, to go behind the original order. I propose to follow the principles, in the particular facts and circumstances of this case, as enunciated in MacCallum v. MacCallum, supra.
"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 test for a jury to find that a train whistle or whistle was not followed or followed by train officials at a level crossing? (Saskatchewan, Canada)
What is the test for granting an interim order to order a temporary stay of custody of a child? (Saskatchewan, Canada)
When will a judge order a summary order against an over-holding tenant? (Saskatchewan, Canada)
What is the test for terminating a maintenance order based upon a former wife’s remarriage? (Saskatchewan, Canada)
Can an ex parte application for an interim order be granted on an ex-parte motion? (Saskatchewan, Canada)
What is the legal test for entering a judgment without any formal order being drawn up? (Saskatchewan, Canada)
How have courts dealt with an application for an order quashing a resolution approving payment of legal expenses? (Saskatchewan, Canada)
What is the test for jurisdiction to order a child in a different country? (Saskatchewan, Canada)
What is the test for lifting a stay of execution of an order respecting the custody of a child? (Saskatchewan, Canada)
In what circumstances will a judge order distribution of a pro rata distribution of execution creditors? (Saskatchewan, Canada)
