Can a Judge Reconsider a Decision Where It Appears That a Mistake Was Made?

After a Judge Issues a Decision It Is, Generally, Accepted In Law That the Decision Is Final and Should Only Be Reconsidered By the Judge If All Parties Agree Due to Concerns Regarding An Obvious Error.

A Helpful Guide For How to Determine Whether a Judicial Decision May Be Reconsidered or Requires An Appeal

Lawsuit Document Involving Conspiracy Issues The legal process that involves the court making a judicial decision is intended to finalize matters in dispute. Accordingly, once a case is decided the law expects that all involved will respect the decision, including any mistakes within the decision, unless taken by Appeal to a higher court.  As such, it is very rare that a Judge will reconsider a decision.

The Law

Generally, a court has the jurisdiction to control its process which includes the power to review a decision of itself; however, whether a court should review a decision of itself still remains questionable and should occur only where it becomes obvious to the court and parties that a decision was flawed and the parties consent to a reconsideration.  This issue was specifically addressed within the case of Gupta v. Lindal Cedar Homes Ltd., 2020 ONSC 7524 wherein it was said:

[6]  The court has an inherent jurisdiction to adjust a litigation result after judgment in some circumstances, other than through proper appellate review or as contemplated by r. 59.06.  However, this should occur only in “unusual and rare circumstances where the interests of justice compel such a result”: Susin v. Chapman, [2004] O.J. No. 2935 (C.A.), at para. 10.  Finality in litigation is to be encouraged and fostered.  The discretion to re-open a matter should be resorted to “sparingly and with the greatest care”: 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2001 SCC 59 (CanLII), [2001] 2 S.C.R. 983, at para. 61.

[7]  In Schmuck v. Reynolds-Schmuck (2000), 2000 CanLII 22323 (ON SC), 46 O.R. (3d) 702 (S.C.J.) at para. 25, Himel, J. emphasized the limited circumstances in which a reconsideration should occur, stating: “It is my view that a party who wishes a reconsideration would have to establish that the integrity of the litigation process is at risk unless it occurs, or that there is some principle of justice at stake that overrides the value of finality in litigation, or that some miscarriage of justice would occur if such a reconsideration did not take place.

[8]  In Gore Mutual Insurance Co. v. 1443249 Ontario Ltd., (2004) 2004 CanLII 27736 (ON SC), 70 O.R. (3d) 404 (“Gore”), at paras. 7-8, Karakatsanis, J. (as she then was) was prepared to re-open her decision in a situation where it was “obvious an error was made by all counsel and by the court.”  It was a “case of a clear error.”  It was “obvious” that the statutory provision now raised would have changed her determination and all counsel conceded that the provision previously relied upon had no application to the case.  Karakatsanis, J. concluded at para. 8 that the “interests of justice are not served by requiring an appeal on a clear error of law that followed inaccurate and incomplete legal submissions of counsel.

[9]  In Scott, Pichelli & Easter Ltd. et al. v. Dupont Developments Ltd. et al., 2019 ONSC 6789, Sossin, J. (as he then was) noted at para. 13 that a “motion for reconsideration is more likely to be successful where the parties agree that an error has occurred, and less likely to be successful where the subject matter of the alleged error remains contested by the parties.”

As indicated, unless all parties consent to a reconsideration, and unless it appears obvious that an error was made, it is likely that a judge will decline a request to reconsider a decision and thereby a decision will stand unless appealed.

Summary Comment

When a court renders a judicial decision the issues in dispute are, generally, deemed final unless reversed or corrected via the appeal process; however, where the parties involved agree that the decision contains an obvious error and that a request to reconsider is a just way to remedy the error, although very rare, it is possible that a court will reconsider.


[Legal Firm's Name] provides affordable services as a Not a Legal Business in [Legal Firm's City], St. Catharines, Sarnia, Barrie, Kingston, among other places!
Get a FREE ½ HOUR CONSULTATION

Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction.

For more information, fill out the form below to send a direct inquiry to Marketing.Legal

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction with a Marketing.Legal representative.
Marketing.Legal

86 Kersey Crescent
Courtice, Ontario,
L1E 0A4

P: (800) 551-5751
E: awesome@marketing.legal

Hours of Business:

10:00AM – 8:00PM
10:00AM – 8:00PM
10:00AM – 8:00PM
10:00AM – 8:00PM
10:00AM – 8:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.







Serving:

Lawyers
Paralegals
Law Clerks
Process Servers
and more.

Questions?

We Offer a 
FREE ½ Hour Consultation

Marketing.Legal is a 100% Canadian brand, owned and operated incorporated business, with dedicated expert professionals, having decades of qualified experience in Website Development, Search Engine Optimization (SEO), Google Adwords, and Social Media marketing for Lawyers and Paralegals.  Website design for lawyers in Ontario, Canada.


Marketing.Legal

SSL Secured
Trust https://marketing.legal


Animated Spinner