What is the test for introducing new affidavit evidence in a re-hearing?
British Columbia, Canada
The following excerpt is from British Columbia v. A & A Estates Ltd., 1999 CanLII 5071 (BC SC):
Both appellants seek to introduce further affidavit evidence. Additional affidavits were also filed by the City in reply to the appellants' new affidavits. In view of the serious issues raised in these appeals, I have concluded that the test in Culbert v. Agosti (1993), 20 C.P.C. (3d) 349 (B.C.S.C.) has been met. I find the interests of justice require the introduction of this fresh evidence in the re-hearing before myself.
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