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Supplementary Submissions Permitted After Release of Decision

Once a court has rendered a decision, parties are generally not permitted to make further arguments. However, in Leroux v. Ontario, 2021 ONSC 4468, the Divisional Court permitted further arguments after it had released its decision, but before an order had been issued and entered.

After the Divisional Court provided its decision, the Court of Appeal released two decisions in other matters that were potentially relevant. In this circumstance, the Divisional Court permitted the parties to provide supplementary submissions.

The Divisional Court stated:

Where the court has made typographical or other “slip” in its decision, the parties may seek to correct this with the court before the formal order has been issued and entered.  This may be done by bringing the error to the court’s attention during the process of settling the formal order, or by way of reappearance (in person or in writing) before the order has been issued and entered. 

The Divisional Court relied on this principle in permitting the supplementary submissions.