Can a judge re-open a trial in a proper case?
British Columbia, Canada
The following excerpt is from Bajwa v. Habib, 2020 BCCA 230 (CanLII):
The appellants submit that this decision was inconsistent with the principles of functus officio and res judicata. I do not agree with that submission. A judge is not functus officio until her order is entered, and then only with respect to the issues resolved in the formal order: Harrison v. Harrison, 2007 BCCA 120 at para. 29, per Finch C.J.B.C. As the formal order reflecting the October Judgment had not been entered as of December 14, 2018, the trial judge had the jurisdiction to re-open the trial in a proper case.
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