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Decision Reconsideration Request
Concerns For Judicial Errors Are Usually Denied
Last Updated: July 02 2026
Question: Can you ask the judge who made a court decision to reconsider it if you think the judge made an error in Ontario?
Answer: If you’re wondering who can help with asking for reconsideration in Ontario when you think a judge made a mistake, Defend-it Legal Services can assist with paralegal services, private investigation, background searches and fingerprinting, and practical guidance on when such requests may be appropriate, but timing and finality rules matter. Generally, once a court decision is released it is treated as final and the usual route to correct an error is an appeal to a higher court, and a judge will only reconsider in unusual and rare situations such as an obvious clear error where the interests of justice compel it, often requiring agreement among the parties and showing the integrity of the process would otherwise be at risk. If you want to explore options, gather the decision, identify the exact alleged error, and speak with Defend-it Legal Services at (289) 275-3513 so a team member can review your facts and explain next steps for your particular situation in Ontario.
If a Judge Makes An Error Within a Decision Can the Judge Be Asked to Reconsider the Decision?
After a Judge Issues a Decision It Is, Generally, Accepted In Law That the Decision Is Final and Should Only Be Reconsidered By the Judge If All Parties Agree Due to Concerns Regarding An Obvious Error.
Understanding When It May Be Appropriate to Ask a Judge to Reconsider a Court Decision
The process of law, including the making of a court decision, seeks to bring finality to issues in dispute. Accordingly, when a legal case is decided upon, generally, it is expected that the decision becomes final despite any judicial errors unless an Appeal is brought to a higher court. It is rare that a Judge will perform a reconsideration.
The Law
Generally, a court has the jurisdiction to control its process which includes the power to review a decision of itself; however, whether a court should review a decision of itself still remains questionable and should occur only where it becomes obvious to the court and parties that a decision was flawed and the parties consent to a reconsideration. This issue was specifically addressed within the case of Gupta v. Lindal Cedar Homes Ltd., 2020 ONSC 7524 wherein it was said:
[6] The court has an inherent jurisdiction to adjust a litigation result after judgment in some circumstances, other than through proper appellate review or as contemplated by r. 59.06. However, this should occur only in “unusual and rare circumstances where the interests of justice compel such a result”: Susin v. Chapman, [2004] O.J. No. 2935 (C.A.), at para. 10. Finality in litigation is to be encouraged and fostered. The discretion to re-open a matter should be resorted to “sparingly and with the greatest care”: 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2001 SCC 59 (CanLII), [2001] 2 S.C.R. 983, at para. 61.
[7] In Schmuck v. Reynolds-Schmuck (2000), 2000 CanLII 22323 (ON SC), 46 O.R. (3d) 702 (S.C.J.) at para. 25, Himel, J. emphasized the limited circumstances in which a reconsideration should occur, stating: “It is my view that a party who wishes a reconsideration would have to establish that the integrity of the litigation process is at risk unless it occurs, or that there is some principle of justice at stake that overrides the value of finality in litigation, or that some miscarriage of justice would occur if such a reconsideration did not take place.”
[8] In Gore Mutual Insurance Co. v. 1443249 Ontario Ltd., (2004) 2004 CanLII 27736 (ON SC), 70 O.R. (3d) 404 (“Gore”), at paras. 7-8, Karakatsanis, J. (as she then was) was prepared to re-open her decision in a situation where it was “obvious an error was made by all counsel and by the court.” It was a “case of a clear error.” It was “obvious” that the statutory provision now raised would have changed her determination and all counsel conceded that the provision previously relied upon had no application to the case. Karakatsanis, J. concluded at para. 8 that the “interests of justice are not served by requiring an appeal on a clear error of law that followed inaccurate and incomplete legal submissions of counsel.”
[9] In Scott, Pichelli & Easter Ltd. et al. v. Dupont Developments Ltd. et al., 2019 ONSC 6789, Sossin, J. (as he then was) noted at para. 13 that a “motion for reconsideration is more likely to be successful where the parties agree that an error has occurred, and less likely to be successful where the subject matter of the alleged error remains contested by the parties.”
Per the Gupta case as above, a reconsideration should occur only where all parties agree that a judicial decision contains a mistake; and unless so, it should be expected that a judge will deny a reconsideration request.
Summary Comment
When a court renders a judicial decision the issues in dispute are, generally, deemed final unless reversed or corrected via the appeal process; however, where the parties involved agree that the decision contains an obvious error and that a request to reconsider is a just way to remedy the error, although very rare, it is possible that a court will reconsider.
NOTE: A considerable amount of inquiries featuring “lawyers near me” or “best lawyer in” frequently indicate a demand for prompt and competent legal counsel instead of a particular designation. In Ontario, “licensed paralegals” fall under the regulation of the same Law Society that governs lawyers, allowing them to represent clients in specific litigation matters. Core aspects of this role include advocacy, legal analysis, and procedural expertise. Defend-it Legal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidentiary preparation, and persuasive advocacy directed towards achieving efficient and positive outcomes for clients.
