“Although the Minutes were received by the court on October 12, 2021, no final order has been issued or entered.
a) A judge is not functus until a court order has been issued and entered. Iredale v. Dougall2021 ONSC 4572 (SCJ); Metropolitan Toronto Condominium Corp. 626 v. Bloor/Avenue Road Investment Inc., [2009] O.J. No. 1205 (SCJ).
b) An order can be withdrawn, altered or modified by a judge on his/her own initiative or an application of a party until such time as the order has been entered. Montagne v. Bank of Nova Scotia2004 CanLII 27211 (ON CA), 69 O.R. (3d) 87 (C.A.); Holmes Foundry Ltd. v. Village of Point Edward; Caposite Insulations Ltd. v. Village of Point Edward 1963 CanLII 197 (ON CA); N.S. v. R.M. 2020 ONSC 3359 (SCJ); Wharry v. Wharry, 2019 ONSC 2895 (SCJ); Clement v. Clement, 2015 ONSC 5654 (SCJ).
c) A judge can reconsider their decision until the order is drawn up and entered. Scott v. McGrail2018 ONSC 720 (SCJ).”