What is the legal test for re-enactment of an order signed by the master of a building?
Manitoba, Canada
The following excerpt is from Bazan v. The Assiniboine South School Division et al., 2013 MBQB 68 (CanLII):
Once the master signed the order on February 28, 2011, it became effective. See Queen’s Bench Rule 59.01. The master had done everything she needed to do to perfect it and she could not revisit it except as expressly permitted by law. The doctrine of functus officio applied. See Chandler v. Alberta Association of Architects, 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848 at 860–862.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for an order of imprisonment for contempt of a contempt of financial disclosure order? (Manitoba, Canada)
What is the current order and what is the effect of the previous order? (Manitoba, Canada)
Can a judge rescind an order or judgment once it has been signed? (Manitoba, Canada)
Is there authority for the proposition that at the time of a prior order was made, it was the correct order? (Manitoba, Canada)
Can a judge make a final order retroactive in the face of a prior consent interim order? (Manitoba, Canada)
What is the authority of the trial judge to order a retroactive order from the interim judge? (Manitoba, Canada)
What are the conditions of an Order of Master? (Manitoba, Canada)
In what circumstances will a judge order a restraining order against a husband for a year? (Manitoba, Canada)
If an order is made without jurisdiction and rescinded by the Court of Appeal, is there a remedy for a motion to rescind it?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)
What is the test for setting aside a judgment signed in default of appearance? (Manitoba, Canada)
