Yes No Share to Facebook
Decision Reconsideration Request
Concerns For Judicial Errors Are Usually Denied
Last Updated: August 25 2026
Question: Can you ask a judge to reconsider a court decision after it is released in Ontario?
Answer: In Ontario, after a judge issues a decision it is generally final, and you usually address mistakes through appeal rather than requesting the same judge to reconsider. A judge may reopen the matter only in unusual and rare circumstances where the interests of justice require it, often where all parties consent and the error is obvious and clear, as reflected in Gupta v. Lindal Cedar Homes Ltd., 2020 ONSC 7524. If you need guidance on whether a reconsideration request is even worth trying versus moving straight to appeal, Mole Legal Services can help through paralegal support and property management coordination across Ontario, call (647) 709-5157 to book a quick consultation.
Add this website to Google Preferred Sources
If a Judge Makes An Error Within a Decision Can the Judge Be Asked to Reconsider the Decision?
After a Judge Issues a Decision It Is, Generally, Accepted In Law That the Decision Is Final and Should Only Be Reconsidered By the Judge If All Parties Agree Due to Concerns Regarding An Obvious Error.
Note: Please contact Mole Legal Services by phone at: (647) 709-5157 to discuss any specific questions that you may have.
Understanding When It May Be Appropriate to Ask a Judge to Reconsider a Court Decision
The legal process that involves the court making a judicial decision is intended to finalize matters in dispute. Accordingly, once a case is decided the law expects that all involved will respect the decision, including any mistakes within the decision, unless taken by Appeal to a higher court. It is rare that a Judge will perform a reconsideration.
The Law
Although a court, generally, is empowered inherently to control its process, and is therefore empowered to review a rendered decision, whether a court should actually review a decision is highly questionable and is likely to occur only when all parties agree that a decision contained obvious errors and is in need of reconsideration. This view was well explained in Gupta v. Lindal Cedar Homes Ltd., 2020 ONSC 7524 where it was specifically stated:
[6] The court has an inherent jurisdiction to adjust a litigation result after judgment in some circumstances, other than through proper appellate review or as contemplated by r. 59.06. However, this should occur only in “unusual and rare circumstances where the interests of justice compel such a result”: Susin v. Chapman, [2004] O.J. No. 2935 (C.A.), at para. 10. Finality in litigation is to be encouraged and fostered. The discretion to re-open a matter should be resorted to “sparingly and with the greatest care”: 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2001 SCC 59 (CanLII), [2001] 2 S.C.R. 983, at para. 61.
[7] In Schmuck v. Reynolds-Schmuck (2000), 2000 CanLII 22323 (ON SC), 46 O.R. (3d) 702 (S.C.J.) at para. 25, Himel, J. emphasized the limited circumstances in which a reconsideration should occur, stating: “It is my view that a party who wishes a reconsideration would have to establish that the integrity of the litigation process is at risk unless it occurs, or that there is some principle of justice at stake that overrides the value of finality in litigation, or that some miscarriage of justice would occur if such a reconsideration did not take place.”
[8] In Gore Mutual Insurance Co. v. 1443249 Ontario Ltd., (2004) 2004 CanLII 27736 (ON SC), 70 O.R. (3d) 404 (“Gore”), at paras. 7-8, Karakatsanis, J. (as she then was) was prepared to re-open her decision in a situation where it was “obvious an error was made by all counsel and by the court.” It was a “case of a clear error.” It was “obvious” that the statutory provision now raised would have changed her determination and all counsel conceded that the provision previously relied upon had no application to the case. Karakatsanis, J. concluded at para. 8 that the “interests of justice are not served by requiring an appeal on a clear error of law that followed inaccurate and incomplete legal submissions of counsel.”
[9] In Scott, Pichelli & Easter Ltd. et al. v. Dupont Developments Ltd. et al., 2019 ONSC 6789, Sossin, J. (as he then was) noted at para. 13 that a “motion for reconsideration is more likely to be successful where the parties agree that an error has occurred, and less likely to be successful where the subject matter of the alleged error remains contested by the parties.”
As stated within the Gupta case, generally, a judicial reconsideration is unlikely unless all parties involved agree that a judicial error occurred and that a reconsideration is a just means to seek a correction of the error.
Summary Comment
When a court renders a judicial decision the issues in dispute are, generally, deemed final unless reversed or corrected via the appeal process; however, where the parties involved agree that the decision contains an obvious error and that a request to reconsider is a just way to remedy the error, although very rare, it is possible that a court will reconsider.
NOTE: A considerable amount of online searches featuring “lawyers nearby” or “top lawyer in” frequently indicate a desire for prompt and competent legal assistance rather than a particular professional designation. In Ontario, licensed paralegals are governed by the same Law Society responsible for lawyers and are permitted to represent clients in certain legal matters. Key aspects of this role include advocacy, legal analysis, and procedural expertise. Mole Legal Services provides legal representation within its licensed parameters, focusing on strategic approaches, evidence preparation, and effective advocacy to secure timely and advantageous outcomes for clients.
