If an order is made without jurisdiction and rescinded by the Court of Appeal, is there a remedy for a motion to rescind it?

Manitoba, Canada


The following excerpt is from Bank of Nova Scotia v. Booth; Dominion Fish Co. Garnishees, 1910 CanLII 273 (MB CA):

2. If an order is made without jurisdiction, the right to move for its rescission is not lost by laches or acquiescence. Smurthwaite v. Hannay, [1894] A.C. 501, and Hoffman v. C7erar, [1899] 18 P.R. 473, followed.

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