Can a judge re-open an issue before a judgment is entered?

British Columbia, Canada


The following excerpt is from United States of America v. Dennis, 2014 BCSC 2490 (CanLII):

A trial judge has unfettered discretion to re-open an issue before a judgment is entered [referring to] Sykes v. Sykes … At ¶10 … [quoting]: [N]ew evidence is not an essential prerequisite to a trial judge's exercise of the discretion to re-open. In some cases, it may be the only circumstance which would justify a re-opening. Indeed it may be that in many cases a re-opening would only be justified on the basis of new evidence which was not available at the time of the original trial. It will in all cases depend on the circumstances. But, a discretion to re-open may also properly be exercised where the trial judge is satisfied, either because of the argument of one of the parties, or on the basis of his [or her] own reconsideration of the record, that the original judgment was in error because it overlooked or misconstrued material evidence, or misapplied the law.

The discretion to re-open is to be used sparingly because of the obvious risks to the integrity and finality of the trial process [referring to] Kemp v. Wittenberg … The trial should not be re-opened where it represents a tactical decision in light of the judgment …

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