What is the legal test for a party to be released from an undertaking?
Northwest Territories, Canada
The following excerpt is from Northwest Territories Public Service Association v. Northwest Territories, 1979 CanLII 2581 (NWT CA):
In Cutler v. Wandsworth Stadium Ltd., [1945] 1 All E.R. 103, the same approach was taken. The remarks of Morton, L.J., found at p. 105 of the report, are of particular interest in the present appeal where he says: In the first place, the court does not vary an undertaking given by a litigant. If the litigant has given an undertaking and desires to be released from that undertaking, the application should be an application for release, and an application supported by evidence showing why the litigant should be released from the undertaking which he has given.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal presumption in favour of the custodial parent in a custody matter? (Northwest Territories, Canada)
Does the petitioner have to be a party to a power of attorney where he is only named in the Power of Attorney? (Northwest Territories, Canada)
What are full indemnity costs between parties on the solicitor-and-client scale? (Northwest Territories, Canada)
What is the standard of review for the challenged decisions? (Northwest Territories, Canada)
What constitutes a breach of s. 15 of the Canadian Human Rights Code? (Northwest Territories, Canada)
What is the purpose of section 23 of the Canadian Constitution and what is the scope of the legislation? (Northwest Territories, Canada)
What is the test for determining the reasonableness of a Director's decision? (Northwest Territories, Canada)
What is the standard of review for a motion to set aside the 2004 Notice of discontinuance? (Northwest Territories, Canada)
What is the effect of the fact that the particulars of a motion were not included in a separate document? (Northwest Territories, Canada)
What are full indemnity costs between parties on the solicitor-and-client scale? (Northwest Territories, Canada)
