Is reasonable diligence a bar to re-opening a trial?
British Columbia, Canada
The following excerpt is from Waters v. Bains, 2009 BCSC 298 (CanLII):
In the Noble Second Generation Family Trust v. Heuson Pharmaceutical case, the defence referred to the decision of Barrow J. as to whether a lack of reasonable diligence in obtaining the new evidence before trial would be a strict bar to the re-opening of a trial. Barrow J. at paragraph 28 was of the opinion that in rare cases under such circumstances, this would not be a bar to re-opening a trial.
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