Friday, July 24, 2009

Interesting OCA dicta on Consent Judgments

Royal Bank of Canada  v. Korman, 2009 ONCA 590:

 

[15]           A consent judgment is not a judicial determination on the merits of the case, but an agreement elevated to the status of an order on consent.  The basis of the order is the parties' agreement and not a judicial determination of what is fair and reasonable in the circumstances.  A consent order may be set aside on the same basis for setting aside a contract: Teitelbaum v. Dyson (2000), 7 CPC (5th) 356 ( Ont. S.C.), at para. 38, aff'd (2001) 151 O.A.C. 399 ( C.A. ).  A self-induced unilateral mistake is not ordinarily a basis for setting aside a contract.

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