Can a judge vary a judgment to reflect the manifest intention of the court?
Ontario, Canada
The following excerpt is from Singh v. 1282439 Ontario Ltd., 2007 CanLII 18578 (ON SC):
The decision in Saikely v. 519579 is a classic illustration of a situation in which an amendment was made to reflect the manifest intention of the court. Although the original judgment was a decision of Van Camp J., the motion to vary was heard by McKinnon J., which (as he noted at para 3) is perfectly appropriate since the test is a purely subjective one. It was obvious from the reasons delivered by Van Camp J. that she intended the amounts owing between two of the parties to be set off against each other, but no set-off was provided for in the judgment. In that situation, McKinnon J. amended the judgment to reflect the manifest intention of the trial judge.
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