Rarotonga, 2010

Simon's Megalomaniacal Legal Resources

(Ontario/Canada)

ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
SMALL CLAIMS / CIVIL LITIGATION / CIVIL APPEALS / JUDICIAL REVIEW / Practice Directives / Civil Portals

home / about / Democracy, Law and Duty / testimonials / Conditions of Use

Civil and Administrative
Litigation Opinions
for Self-Reppers


TOPICS


Collateral Attack - Understanding

'Collateral attack' is another procedural doctrine, similar to 'abuse of process' - indeed, it could have been located in 'abuse of process' without straining legal logic. Collateral attack prohibits the use of indirect (ie. 'collateral') procedures to challenge otherwise validly arrived-at legal results. As such it is a legal defence.

A good definition of collateral attack was recently repeated in Duhamel v. Canada (Attorney General) (Fed CA, 2022) [citing Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44, at para 20]:
... Another aspect of the judicial policy favouring finality is the rule against collateral attack, i.e., that a judicial order pronounced by a court of competent jurisdiction should not be brought into question in subsequent proceedings except those provided by law for the express purpose of attacking it:" ...
It's a relatively new doctrine, and it's abstract features are not yet articulated well by the courts - as such, I won't attempt to sub-categorize the cases yet, only to present them as they occur. Given the nature of the doctrine, they can crop up practically anywhere in Canadian law.

CC0

The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.




Last modified: 31-12-22
By: admin