Can new evidence be said to be adduced with reasonable diligence?

Newfoundland and Labrador, Canada


The following excerpt is from Philpott Estate (Re), 1999 CanLII 18982 (NL CA):

Accordingly, the issue, in respect of the criteria enunciated in Simms v. Hickey, reduces itself to whether it can be said that the new evidence is evidence that, with reasonable diligence, could not have been adduced at trial.

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