Can a decision of functus officio be revisited?
British Columbia, Canada
The following excerpt is from Scimtar Enterprises Ltd. v. British Columbia (Liquor Control and Licensing Branch), 2012 BCSC 472 (CanLII):
Chandler v. Alberta Association of Architects, 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848, discusses the application of functus officio to administrative tribunals at paras. 20-21: As a general rule, once ... a tribunal has reached a final decision in respect to the matter that is before it in accordance with its enabling statute, that decision cannot be revisited because the tribunal has changed its mind, made an error within jurisdiction or because there has been a change of circumstances. It can only do so if authorized by statute or if there has been a slip or error [citation omitted]. To this extent, the principle of functus officio applies [but] its application must be more flexible and less formalistic in respect to the decisions of administrative tribunals which are subject to appeal only on a point of law. Justice may require the reopening of administrative proceedings in order to provide relief which would otherwise be available on appeal.
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