Can a motion be brought on a basis of newly discovered evidence against an impugned order?
Ontario, Canada
The following excerpt is from Costa Building Supplies Limited v. Priyance Hospitality Inc., 2009 CanLII 5148 (ON SC):
Even if the impugned order was obtained on consent, a Rule 59.06 motion may be brought on a basis of newly discovered evidence: Salvador v. Mather (1999), 37 C.P.C. (5th) 214 (Div. Ct.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What is the basis to overturn a motion judge’s ruling that the valuation evidence tendered after cross-examinations is not admissible on the motion? (Ontario, Canada)
What is the test for lifting a stay of execution on a motion to lift an order that would have lifted the stay of an order requiring the lifting of the order? (Ontario, Canada)
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
In what circumstances will a judge order a final custody order in favour of the father in the absence of one-sided evidence? (Ontario, Canada)
What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
What are the applicable principles on a motion for exclusion order on the basis of alleged intimidation? (Ontario, Canada)
Can a variation of an interim order be made in the context of a motion to change a final order? (Ontario, Canada)
What are the implications of a motion being brought before the House of Commons on a motion of no confidence? (Ontario, Canada)
