Is It Proper to Ask a Judge to Reconsider When It Appears That An Error Was Made?

Court Decisions Are Usually Final, Subject Only to Appeal, Unless All Parties Agree That the Judge Should Reconsider a Decision Due to What Appears As An Obvious Error.

Determining Whether a Judge Should Be Asked to Reconsider

Lawsuit Document Involving Conspiracy Issues The process of law, including the making of a court decision, seeks to bring finality to issues in dispute; and accordingly, when a legal case is decided upon, generally, it is expected that the decision becomes final despite any judicial errors unless an Appeal is brought to a higher court.  It is rare that a Judge will perform a reconsideration.

The Law

Although a court, generally, is empowered inherently to control its process, and is therefore empowered to review a rendered decision, whether a court should actually review a decision is highly questionable and is likely to occur only when all parties agree that a decision contained obvious errors and is in need of reconsideration.  This view was well explained in Gupta v. Lindal Cedar Homes Ltd., 2020 ONSC 7524 where it was specifically stated:

[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.


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