What Is A Collateral Attack In Legal Terms?

A collateral attack is an attempt to challenge the validity of a court judgment or order indirectly, through a different legal proceeding, rather than through direct appeals or motions in the original case. 

Understanding collateral attacks is crucial because courts generally prohibit them, requiring parties to challenge decisions through proper legal channels.

A direct attack challenges a judgment in the same proceeding through appeal, motion to set aside, or motion for reconsideration filed in the original case.

A collateral attack challenges a judgment indirectly by raising the issue in a completely different lawsuit or proceeding, arguing the previous decision was wrong or invalid.

Courts prohibit collateral attacks to ensure finality of judgments and prevent parties from relitigating decided issues. If collateral attacks were allowed, losing parties could file endless new lawsuits challenging the same decision, undermining the justice system’s integrity and wasting judicial resources.

Res Judicata (Issue Estoppel)

Once a court decides an issue, parties cannot relitigate it in subsequent proceedings. This prevents collateral attacks by making previous decisions binding.

Abuse of Process

Repeatedly attempting to challenge final decisions through new proceedings constitutes abuse of process, and courts will dismiss such actions.

Collateral Attack vs. Appeal

Appeals are the proper way to challenge decisions. They must be filed within specific timeframes (typically 30 days in Ontario) following prescribed procedures in the court that rendered the decision.

Appeal to a higher court within the prescribed time limit following proper procedures.

Judicial review for administrative decisions, but only within limitation periods and through proper channels.

Motion to vary if circumstances have changed significantly since the original order.

If you disagree with a judgment, appeal it properly within time limits. Don’t file new lawsuits raising the same issues: courts will dismiss them as collateral attacks and may award costs against you.

Need to challenge a decision? Pinto Shekib LLP handles appeals and litigation. Contact us at 416.901.9984 or info@pintoshekib.ca.