Is Country Lumber's consent order agreement with unperfected lien claimants enforceable?

British Columbia, Canada


The following excerpt is from Vancouver City Savings Credit Union v. Naidoo, 2016 BCSC 914 (CanLII):

Finally, Country Lumber argues that the consent order agreement was based entirely on a common mistake about the sufficiency of the funds. As a result, the agreement is now void and unenforceable. Their counsel has provided the case of Seppanen v. Seppanen, [1991] B.C.J. No. 2165 (S.C.) as an example of the application of this principle. In any event, the pro rata sharing now sought by the unperfected lien claimants runs contrary to the very reason for the agreement’s existence, and so could never have been an implied term of it.

Other Questions


Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What is the test for enforceability of a lease agreement where AT&T ordered a machine from Danka to Danka in order to replace a printer with AT&t? (British Columbia, Canada)
Is a consent order enforceable if the parties cannot agree on the meaning of the agreement? (British Columbia, Canada)
In what line of cases have courts found consent can be withdrawn before a consent order has been drawn up and perfected? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What is the legal test used to determine whether an arbitrator has jurisdiction to enforce an order or enforce compliance? (British Columbia, Canada)
Is a consent order enforceable in all circumstances? (British Columbia, Canada)
Does filing an agreement make an order enforceable? (British Columbia, Canada)
Is a final spousal support order under section 15.2(3) of the Attorney General's Guidelines for Divorce Review Order enforceable? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.