In what circumstances will a judge refuse to re-open a trial to hear fresh evidence?
British Columbia, Canada
The following excerpt is from Zhu v. Li, 2007 BCSC 1467 (CanLII):
In the more recent case of Hodgkinson v. Hodgkinson, 2006 BCCA 158, our Court of Appeal upheld the decision of Dillon J. not to re-open a trial to hear fresh evidence and at paras. 36-37 approved of her statement of the applicable principles: ¶36 In dismissing the application to re-open for the purpose of adducing fresh evidence, the trial judge said:
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