Case summary: Dawson v Dawson

Case summary of Dawson v Dawson, 2018 BCSC 184

The case revolves around an appeal made by the claimant against a decision made by a Provincial Court judge, who had previously agreed to a consent order bearing the terms of a separation agreement.

The claimant sought a finding that the judge who agreed to the consent order acted without jurisdiction, but the appeal was brought from the decision of the second judge who concluded that he was not in a position to review the decision of the first judge with respect to jurisdiction.

The case highlights the standard procedure for bringing an appeal, which is set out in a Practice Direction entitled “Standard Directions for Appeals from Provincial Court - Family Law Act”. The rule refers to Forms F79 or F80. However, a judge of the Provincial Court is not a respondent in an appeal, and thus, the style of cause used by the appellant in this case is in error.

The original style of cause in this family law case, which ought to have been the most recent style of cause used with Mr. Dawson as claimant and Barbara Marie Dawson as respondent, should have been used. The appellant was required to file the notice of appeal in the Supreme Court Registry and in the Provincial Court Registry where the order appealed was decided.

The case also raises the issue of consent judgments, which are in the nature of a contract that has received judicial sanction in the form of an order of the court. A consent judgment may be set aside on any ground that would invalidate a contract, including lack of authority of counsel, common mistake, fraud, collusion, duress, and illegality.

In conclusion, this case serves as an example of the legal complexities that can arise in family law matters, particularly when it comes to appeals and consent judgments. It highlights the importance of seeking legal advice and understanding the standard procedures and rules that apply to such cases.

Full text available at: https://canlii.ca/t/hq956