Can an application be made to the trial judge before the judgment has been entered?
Alberta, Canada
The following excerpt is from McGinn v. Bain Insulation & Supply Ltd., 1990 CanLII 5614 (AB QB):
Mr. Justice Steer in his decision in Kay v. Wirstiuk, 1977 CanLII 673 (AB QB), [1978] 1 W.W.R. 317, 8 A.R. 405 (T.D.), gives strong reasons why this should be so, but he was dealing with a case where he had delivered reasons and only the formal judgment itself had not yet been entered. It does not seem to me that the reason for those stringent rules are as valid if the application is made to the trial judge before the judgment is entered and before a decision has, in fact, been rendered.
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