Can a court re-open where the matter was not brought to the attention of the judge?
British Columbia, Canada
The following excerpt is from Ludlow v. McMillan, 2011 BCSC 978 (CanLII):
The authority cited by Tysoe J. for the principle that a court may re-open where a matter was not, but should have been, brought to the attention of a judge, was Hellinckx v. Large, [1998] B.C.J. No. 3072. In that case, Hutchinson J. allowed an application to re-open his prior judgment in order to correct a mathematical error which was conceded by the other party. He also allowed a re-opening to consider tax consequences that had not been argued or considered in the prior judgment.
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