What is the test for overturning an Order requiring the Husband to pay back damages for wilful delay or default?
British Columbia, Canada
The following excerpt is from Chrysler v. Chrysler, 2014 BCSC 2195 (CanLII):
It is agreed that the court must not reconsider the Order unless it is satisfied that the Husband was not guilty of wilful delay or default; and even if he was guilty of delay or default, the court must consider whether there will be a serious miscarriage of justice if the Order is not set aside: Zhang v. Ton, 2014 BCSC 122 at paras. 35-38, 40.
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