Does the court have any authority to order that a party be paid out of the consolidated revenue fund without the consent or hearing of the petitioner?
British Columbia, Canada
The following excerpt is from Medical Director of Adult Forensic Psychiatric Services v British Columbia (Provincial Court), 2019 BCSC 1766 (CanLII):
Finally, the court had no authority to order the petitioner, especially at its own expense and without consent or hearing, to perform services that are not specifically authorised by provincial law, and I would refer specifically to the passages referred to by counsel in Auckland Harbour Board v. The King, [1924] A.C. 318, to the effect that any order for funds to be paid out of the consolidated revenue fund without legislative authority is illegal and ultra vires.
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