What is the residual power of a judge under the functus officio principle?
Ontario, Canada
The following excerpt is from Wharry v Wharry, 2017 ONSC 2895 (CanLII):
I have been provided no authority for the exception to the functus officio principle other than Clement v. Clement. That residual power is restricted to simply transposing the decision about the issues from the reasons given, to the form of the final order that is entered. It must consist of a function so straightforward that, absent fraud, judicial analysis or discretion is not required, and another judge should not be troubled by a matter that is in essence clerical in nature.
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