What is the effect of a nunc pro tunc order not pronounced?

Access to justice will be frustrated if a nunc pro tunc order is not pronounced. Access to justice requires that a proceeding be “proportionate, timely and affordable” (Hryniak v. Mauldin, 2014 SCC 7 at para. 28, [2014] 1 S.C.R. 87). These requirements will not be satisfied if preparation, evidence and arguments that were before the Senior Master must be repeated to resolve issues of shareability of assets and liabilities.

The majority decision written by Sopinka J. in Chandler v. Alberta Association of Architects, 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848, is the leading case with respect to the doctrine of functus officio. Sopinka J. states, at p. 867: The doctrine of functus officio states that an adjudicator, be it an arbitrator, an administrative tribunal, or a court, once it has reached its decision cannot afterwards alter its award except to correct clerical mistakes or errors arising from an accidental slip or omission …