In what circumstances will a court order a declaration of irreconcilability be set aside?
British Columbia, Canada
The following excerpt is from Pye v. Pye, 2006 BCSC 505 (CanLII):
In Zuk v. Zuk the court was dealing with the wife’s ex parte order which the husband was seeking to set aside. The application for a declaration of irreconcilability was contested and there was conflicting affidavit evidence. The court found that the master lacked the jurisdiction because it was a contested application which resulted in a final order as the wife had died. The order therefore had the effect of being determinative of the property issues between the parties. In Zuk v. Zuk, 2006 BCCA 132 the court stated that it was clear that the declaration sought was a matter of dispute and that the order was a final order.
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