Reconsideration or a Reopening of a Family Law Judgment?

A judge retains discretion to reopen or revise their decision before the formal order is signed and entered. This is because the court is not yet “functus officio”—a legal term meaning its job on the matter is done.

Decisions from the BC Supreme Court provide guidance factors on reopening a judgment.

However, this discretion is:

• Unfettered in principle, but

• Exercised sparingly to prevent abuse of process and maintain the integrity of proceedings.

When Will a Judge Reconsider an Order?

According to BJL v. JRDL (BCSC), a reconsideration may be allowed if:

1. A miscarriage of justice would likely occur without it;

   
   

2. New, relevant evidence has surfaced that was previously unavailable;

   
   

3. The original judgment:

   • Overlooked or misconstrued material evidence;

   • Misapplied the law;

   • Became incorrect due to a change in law or circumstances;

   • Was expressed in a confusing or uncertain way.

Simply being unhappy with the outcome is not enough. Reconsideration is not a substitute for an appeal.

What About After a Decision, but Before Entry?

In JM v. BM (NBKB), the court noted that where a decision is made but not yet formally entered, a more relaxed standard applies to fresh evidence:

• If the new evidence might influence the result, and

  
  

• Could not have been obtained earlier with reasonable effort,

...then a judge may admit it.

The goal is to promote fairness and truth-seeking over rigid finality.

But beware: this discretion is not an invitation for endless litigation. Courts guard against tactics that try to reopen cases merely because a party dislikes the outcome.

After Judgment Entry: Functus Officio Applies

Once a court order is formally entered or perfected, the court is generally functus officio—it cannot revisit or alter the decision, except in very narrow cases:

• To correct clerical errors or accidental slips (also known as the “slip rule”). In BC family law, the "slip rule," officially known as Rule 15-1(18) of the Supreme Court Family Rules, allows the court to correct clerical mistakes or omissions in orders resulting from an accidental slip. It also allows the court to amend an order to decide an issue that was inadvertently left out.

  
  

• If the entered order does not reflect the true intent of the judgment (see Graham v Graham, [1999] BCJ No 2819 (SC));

  
  

• Where a mistake was made in drafting an order.

  
  

Requests that seek fundamental changes after entry must proceed by way of an appeal and not by asking the judge to revise the order.

Key Takeaways

• Judges can reconsider their decisions before the judgment is formally entered.

  
  

• Reconsideration is limited to cases where an error, oversight, or new evidence could cause injustice.

  
  

• Once an order is entered, the court loses authority to materially change it—except to correct minor errors.

  
  

• Reopening a case is not a second chance to reargue an issue.

Need to Reopen or Reconsider a Judgment? Our experienced litigation and family law team at Silaw Group can help assess whether the circumstances meet the legal threshold—and guide you through the right process, whether that's seeking reconsideration or filing an appeal.

Contact us today to schedule a consultation by calling (778) 381-9977