Can a summary trial judge reconsider or reverse a judgment that has not yet been formally entered in the registry?

British Columbia, Canada


The following excerpt is from Dowell v Hamper, 2019 BCSC 1592 (CanLII):

While the summary trial judge has unfettered discretion to reconsider and even reverse a summary trial judgment that has not yet been formally entered in the registry, it is a discretion that must be exercised with restraint and one governed by an overarching consideration whether such reconsideration is in the interests of justice in the unique circumstances of the case. In my view, the same principles articulated in Moradkhan, referred to in para. [12] above should generally apply. The parties ought not be permitted to adduce "fresh" evidence that was in existence at the time of the trial and that could have been adduced at the trial had due diligence been executed. However, new evidence regarding matters occurring after the order was made may be admitted on a reconsideration hearing provided it meets the criteria most recently articulated in Hellberg v. Netherclift, 2017 BCCA 363 at paras. 53–56.

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