When will the BCSC allow a party to re-open their case?
British Columbia, Canada
The following excerpt is from Shapray Cramer LLP v. Mitschele, 2013 BCSC 1922 (CanLII):
Discretion to reopen a hearing should be exercised sparingly and should not be allowed to permit a broken down case to be re-established, McKersie v. Macala, 2013 BCSC 2 at para. 28. As is apparent by now, I did permit the clients to re-open their case; still, in my view, the same spirit of caution should infect consideration of the points raised after a party has been granted leave to reopen.
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