What is the test for reopening a trial to address an arithmetical error?

British Columbia, Canada


The following excerpt is from English v. English, 2011 BCSC 725 (CanLII):

In essence, the request is to reconsider the consequences of my decision as opposed to the decision itself. In other words, it is to seek an addition to the decision as opposed to a change, reconsideration or revision. Hutchinson J., in Hellinckx v. Large, [1998] B.C.J. No. 3072 (B.C.S.C.) at para. 3, was requested to reopen a trial to address an arithmetical error and to take into account the tax consequences of the order. He held as follows: 3 I have no difficulty in reopening to correct the arithmetical error which has been conceded. Regarding the tax consequences of the order made, this was not argued or considered, and does affect the consequences of the order. I shall exercise my discretion in favour of reopening.

Other Questions


What is the test for an application to reopen a personal injury trial after the close of trial has been argued and reply begun? (British Columbia, Canada)
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
What is the value of a plaintiff's income for the period between the time of trial and the date of trial? (British Columbia, Canada)
What is the test for an application to reopen a trial to hear further evidence? (British Columbia, Canada)
Can a formal offer to settle be sent to an email address rather than the formal address for delivery? (British Columbia, Canada)
Is there any case law where a trial judge made an error by mistake? (British Columbia, Canada)
How have real property been valued at the date of trial rather than at trial? (British Columbia, Canada)
What is the test for an application to reopen a trial? (British Columbia, Canada)
What is the test for reopening a trial? (British Columbia, Canada)
Is a doctor liable for errors of judgment or error of judgment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.