What is the legal test for a party to be released from an undertaking?
Northwest Territories, Canada
The following excerpt is from Northwest Territories Public Service Association v. Northwest Territories, 1979 CanLII 2581 (NWT CA):
In Cutler v. Wandsworth Stadium Ltd., [1945] 1 All E.R. 103, the same approach was taken. The remarks of Morton, L.J., found at p. 105 of the report, are of particular interest in the present appeal where he says: In the first place, the court does not vary an undertaking given by a litigant. If the litigant has given an undertaking and desires to be released from that undertaking, the application should be an application for release, and an application supported by evidence showing why the litigant should be released from the undertaking which he has given.
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