Can a decision maker review an entered order or related reasons?

British Columbia, Canada


The following excerpt is from Construction and Specialized Workers Union, Local 1611 v. British Columbia (Information and Privacy Commissioner), 2015 BCSC 1471 (CanLII):

The general rule is that decision makers cannot review an entered order, or related reasons, unless there had been a slip in drawing it up or an error in expressing the manifest intention of the court; however, this general rule is applied in a flexible manner in the administrative law context: Chandler v. Alberta Association of Architects, 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848 at 861 - 862.

In Sellathurai v. Canada (Minister of Public Safety and Emergency Preparedness), 2008 FCA 255, the court reviewed the admissibility of affidavit evidence from the decision maker on judicial review:

Other Questions


In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What is the role of the Court of Appeal in reviewing a decision made by a statutory decision maker? (British Columbia, Canada)
Is an order from an application to re-open and re-consider a decision, where the order from the first judgment had been entered, a matter of practice and procedure? (British Columbia, Canada)
Does a judicial review decision by a chambers judge who failed to take the necessary steps to review a decision by the chambers judge? (British Columbia, Canada)
What is the test for "reasonableness" for a review body to determine whether a decision was reasonable? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
How have the authorities relating to judicial review of a decision to confirm or revoke a decision by the Superintendent of Motor Vehicles under s. 215.41? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Does a judge have jurisdiction to enter an entered order on an order for sale of a property made at trial? (British Columbia, Canada)
Does the fact that the September 2018 Order provides for a review of child support is not necessarily decisive of the nature of the order? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.