What is the test for an application to set aside an interim order?
Saskatchewan, Canada
The following excerpt is from Klassen (Re), 1940 CanLII 155 (SK QB):
9. In Britsch v. Piper (1915) 1915 CanLII 112 (SK CA), 9 W.W.R. 641, at 642, Haultain, C.J. is quoted as follows: “The whole trouble has arisen from the defendant’s misconception of the fiat of my brother McKay, and his ignoring of the rule that applications to set aside orders should be made to the Judge who made them, and of the fact that no leave to make such an application was necessary.”
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