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Decision Reconsideration Request
Concerns For Judicial Errors Are Usually Denied
Last Updated: July 01 2026
Question: Can a Judge Reconsider a Court Decision in Ontario if it looks like the judge made an obvious mistake, and who can help me ask for that reconsideration?
Answer: If you are in Ontario and a judge’s decision appears to contain an obvious legal or factual mistake, a court usually treats the decision as final, but a judge may reconsider in unusual and rare circumstances, most often where all parties agree that a clear error occurred and that reopening is necessary to protect the integrity of the litigation process; for help preparing a reconsideration motion and assessing whether it is more appropriate than an appeal, you can contact Olson Craig Legal (Lawyer & Paralegals) at (226) 886-2001 for clear guidance across Ontario. Discuss deadlines, what “clear error” means in your situation, and whether the interests of justice outweigh finality, then get a strategy for next steps you can use right away.
Can a Judge Reconsider a Decision Where It Appears That a Mistake 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,...
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 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
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: A significant number of online searches for “lawyers near me” or “best lawyer in” typically highlight a desire for prompt and effective legal support rather than a particular title. In Ontario, “licensed paralegals” are supervised by the same Law Society that governs lawyers and are permitted to represent clients in specific litigation issues. Skills such as advocacy, legal analysis, and procedural expertise are fundamental to this position. Olson Craig Legal provides legal representation within its licensed framework, focusing on strategic positioning, evidentiary preparation, and persuasive advocacy designed to secure efficient and advantageous outcomes for clients.