What is the test for an application to reopen a trial to hear further evidence?
British Columbia, Canada
The following excerpt is from G.C.H. v. H.E.H., 2009 BCSC 4 (CanLII):
Hodgkinson v. Hodgkinson [2006] B.C.J. No. 678 Saunders J.A. agreed with the following statement of law by the trial judge concerning what the applicant must establish on an application to reopen a trial to hear further evidence ([2004] B.C.J. No. 2566, 2004 BCSC 1630 at para. 2):
"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 an application to reopen a personal injury trial after the close of trial has been argued and reply begun? (British Columbia, Canada)
What is the test on an application to adduce fresh evidence that existed at the time of trial but was not placed before the trial court? (British Columbia, Canada)
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence? (British Columbia, Canada)
In what circumstances will a summary trial be held on an application for summary trial? (British Columbia, Canada)
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
What is the test for an application to re-open a trial to establish a fact not in existence at the close of trial? (British Columbia, Canada)
What is the test for an application to re-open a trial to adduce fresh evidence? (British Columbia, Canada)
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony? (British Columbia, Canada)
What is the test for an application to reopen a trial? (British Columbia, Canada)
