In what circumstances will a judge relitigate a finding in a motion where the original finding was invalid?
British Columbia, Canada
The following excerpt is from Mohl v. The University of British Columbia, 2004 BCSC 1238 (CanLII):
In Toronto v. C.U.P.E., Madam Justice Arbour in her comprehensive review of the law did recognize that in certain rare circumstances relitigation might be appropriate and could possibly enhance the integrity of the judicial process rather than detract from it. Examples given were: 1. a proceeding tainted by fraud or dishonesty; 2. fresh evidence, previously unavailable, conclusively impeaching the original result; 3. fairness dictates the original result should not be binding in the new context; [Toronto v. C.U.P.E., ¶52]
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