Does the functus doctrine apply where a trial judge does not purport to alter a final judgment?
Ontario, Canada
The following excerpt is from Pirani v. Esmail, 2014 ONCA 145 (CanLII):
The underlying purpose of the functus doctrine is to “allow finality of judgments from courts which are subject to appeal.” If such courts could continually alter their decisions, they “would assume the function of an appellate court and deny litigants a stable base from which to launch an appeal”: Doucet-Boudreau v. Nova Scotia (Minister of Education), 2003 S.C.R. 3, at para. 79. Thus, where a “trial judge does not purport to alter a final judgment,” the doctrine does not apply: Doucet-Boudreau v. Nova Scotia, at para. 76.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What jurisdiction does a judge have to overrule a judgment of another judge? (Ontario, Canada)
Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
When will a trial judge refuse to enter judgment in accordance with the jury’s verdict? (Ontario, Canada)
How is the Rule of Civil Procedure applied when a judge orders a trial without a jury? (Ontario, Canada)
Does the trial judge apply the correct legal principles relating to unjust enrichment and constructive trust? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
How has the trial judge reviewed the evidence at a jury trial? (Ontario, Canada)
On a motion for summary judgment, can the judge assume that the record contains all the evidence the parties will present if there is a trial? (Ontario, Canada)
