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Decision Reconsideration Request
Concerns For Judicial Errors Are Usually Denied
Last Updated: August 22 2026
Question: If a judge made an obvious mistake in a court decision, can I ask the judge to reconsider it instead of appealing?
Answer: Forseti Legal Services can help you assess whether a reconsideration request is realistically available after a decision, since in Canadian law these rulings are generally final and a judge will only reopen a result in unusual and rare circumstances, usually when the error is obvious and all parties agree; key cases like 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2001 SCC 59 (CanLII), and Gupta v. Lindal Cedar Homes Ltd., 2020 ONSC 7524 explain that reconsideration is sparingly used to protect finality, and if the issue is contested or not clearly established, the request is likely to be refused and you may need the appeal route instead; get practical next-step guidance from a paralegal team at Forseti Legal Services by calling (705) 806-7577.
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Is It Proper to Ask a Judge to Reconsider When It Appears That An Error Was Made?
Generally, When a Judicial Decision Is Rendered the Matter Is Considered Final and May Be Corrected Only Upon An Appeal to a Higher Court. Only In Rare Circumstances, Such As When the Error Is Obvious and All Parties Involved Agree to a Reconsideration,...
Note: Please contact Forseti Legal Services by phone at: (705) 806-7577 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, when a legal case is decided upon, generally, it is expected that the decision becomes final despite any judicial errors unless an Appeal is brought to a higher court. It is rare that a Judge will perform a reconsideration.
The Law
Generally, a court has the jurisdiction to control its process which includes the power to review a decision of itself; however, whether a court should review a decision of itself still remains questionable and should occur only where it becomes obvious to the court and parties that a decision was flawed and the parties consent to a reconsideration. This issue was specifically addressed within the case of Gupta v. Lindal Cedar Homes Ltd., 2020 ONSC 7524 wherein it was said:
[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 indicated, unless all parties consent to a reconsideration, and unless it appears obvious that an error was made, it is likely that a judge will decline a request to reconsider a decision and thereby a decision will stand unless appealed.
Summary Comment
Generally, when a court makes a decision, the decision becomes final and is subject to reversal or correction only via an appeal and only in some very limited circumstances may a judge be willing to reconsider a previously rendered decision.
NOTE: An extensive amount of online searches featuring “lawyers near me” or “best lawyer in” typically indicate a pressing need for capable and prompt legal assistance, rather than a focus on a particular title. In Ontario, licensed paralegals operate under the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation areas. Core elements of this role include advocacy, legal analysis, and procedural expertise. Forseti Legal Services offers legal representation within its licensed framework, emphasising strategic positioning, evidence preparation, and persuasive advocacy, all aimed at securing efficient and positive outcomes for clients.
