Colin Matchim will be getting a retrial in connection with a shaken-baby case involving his own daughter.

Matchim was accused of shaking his infant daughter, August, in 2009.

Two medical experts said during the trial that the child most likely suffered permanent brain damage when she was just three-months old.

Matchim was convicted in 2011 after a lengthy trial.

Matchim had also confessed to shaking the infant, but during the trial he recanted, saying he was told that if he didn't admit doing it, the finger would be pointed at his former partner – the baby's mother – and neither would get custody of the baby.

Erin Breen

Lawyer Erin Breen. (CBC)

Lawyer Erin Breen, who represented Matchim, said she was somewhat surprised by the news of a retrial.

"I knew that the Crown was reviewing the matter to make their decision. I found out yesterday [Thursday] what their decision was, so [I was] surprised, disappointed, for sure," said Breen.

"In my opinion, there's no reliable evidence to base a conviction on. So, I certainly don't agree with the decision they're making, but that's their choice to make, and Mr. Matchim will go to a second trial," she said.

"You can imagine that he [Matchim] has been dealing with this for a long time. He understood all along that this was a possibility. Obviously it's very disappointing to him."

The Crown told CBC News there is still a realistic possibility of conviction.