The defendants say that with respect to all of the issues, except costs, the court is functus officio. With respect, I disagree. In Ridout v. Ridout, 2003 MBCA 61, [2003] M.J. No. 144 (QL), Twaddle J.A. said as follows: 11 … As a general rule, a judge lacks jurisdiction to rescind an order or judgment once it has been signed. The limited circumstances in which a signed order can be changed are set out in Queen's Bench Rule 59.06. None of these circumstances exist here. 12 It is a different matter, however, where the judgment or order has been pronounced, but not signed and filed. Until the judgment or order has been formalized, the judge who pronounced it can hear further evidence and argument and change his or her mind as expressed in the earlier pronouncement. …
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