What is the meaning of nunc pro tunc?
An order made nunc pro tunc (a Latin term meaning "now for then") is an order that is granted with retroactive legal effect, treating a judicial act or filing as though it had been validly performed at an earlier date.[1][2]
Definition and Purpose
Under Canadian law, the doctrine of nunc pro tunc allows a court to exercise its inherent or statutory jurisdiction to validate an act retroactively so that the record reflects what ought to have been done at a prior time, avoiding prejudice to a party caused by court delays, oversights, or procedural irregularities.[1]
| Term | Literal Translation | Legal Effect |
|---|---|---|
| Nunc pro tunc | "Now for then"[1] | Gives a court act, filing, or order retroactive effect as of an earlier, specified date.[1][2] |
Scope and Application
As clarified by the Supreme Court of Canada in Canadian Imperial Bank of Commerce v. Green, 2015 SCC 60, [2015] 3 S.C.R. 801[1]:
- Inherent Jurisdiction: The court’s inherent jurisdiction to issue nunc pro tunc orders is not restricted exclusively to instances of clerical error or oversight; those are simply common examples.[1]
- Validating Procedural Steps & Statutory Limitations: Courts have frequently utilized nunc pro tunc orders where a party diligently sought leave or commenced a step within a limitation period, but where the court's order granting leave or perfecting the proceeding was not finalized until after the limitation period expired.[1]
- Limits: An order nunc pro tunc cannot be granted if the explicit wording or intent of an applicable statute precludes retroactive relief or the curing of the procedural defect.[1]