What is the collateral attack against an order made in a separate proceeding?
British Columbia, Canada
The following excerpt is from Drader v. Boyes, 2009 BCSC 1185 (CanLII):
As set out in Wilson v. The Queen, 1983 CanLII 35 (SCC), [1983] 2 S.C.R. 594 at 599, the rule against collateral attack: ... has long been a fundamental rule that a court order, made by a court having jurisdiction to make it, stands and is binding and conclusive unless it is set aside on appeal or lawfully quashed. It is also well settled in the authorities that such an order may not be attacked collaterally and a collateral attack may be described as an attack made in proceedings other than those whose specific object is the reversal, variation, or nullification of the order or judgment.
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