Is an order from an application to re-open and re-consider a decision, where the order from the first judgment had been entered, a matter of practice and procedure?

British Columbia, Canada


The following excerpt is from Weyerhauser Company Ltd. v. Hayes Forest Services Ltd., 2006 BCCA 506 (CanLII):

In Bryfogle v. Smith, 2006 BCCA 547, I found that an order from an application to re-open and re-reconsider a decision, where the order from the first judgment had been entered, was a matter of practice and procedure that fell within s. 7(1)(b) of the Act. In that case, Ehrcke J., in considering the application to re-open, reviewed the law with respect to the jurisdiction to re-open, and (2005 BCSC 882 at para. 14) concluded that the case should not be re-opened. He went on, nonetheless, to consider the application on its merits.

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