How has the common law rule been interpreted in an appeal?

Finally, with respect to whether the trial judge was functus officio, the common law rule provides that only a final decision of a court cannot be reopened: Chandler v. Assn. Of Architects (Alberta) 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848 at para 75. In this appeal the trial judge adjourned the matter until the psychological reports could be obtained to aid in his final decision. At the time he ordered the counselling, the trial judge was not functus officio as he had not yet made a final decision. The final order was made in August, 2004, well after the director apprehended the child and the counselling had taken place, and provided that the respondent was to have custody of the child. The appellant, having chosen not to participate in some aspects of the counselling, has had no contact with the child since the trial. The trial judge did not err when he used this approach. Conclusion