What is the test for an application to re-open a matter after pronouncement of judgment?
British Columbia, Canada
The following excerpt is from Hamilton v. Busch, 1994 CanLII 8706 (BC CA):
The learned judge dismissed the application [[1992] B.C.W.L.D. 217], saying [p. 2]: The test which must be met in order to re-open a matter after pronouncement of judgment but before entry of the order is two-fold. An application of this nature should only be granted where the additional evidence sought to be introduced could not have been obtained by reasonable diligence before the trial and is such that, if introduced, would be practically conclusive (Varette v. Sainsbury, 1927 CanLII 11 (SCC), [1928] S.C.R. 72, [1928] 1 D.L.R. 273). I find on the evidence before me that the defendant has not met the burden of the first branch of this test and, even if I am wrong, she would similarly fail on the second branch.
"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 are the principles that apply to an application to reopen prior to judgment? (British Columbia, Canada)
Is there any case law where an unsuccessful applicant for Rule 18A application for a summary judgment or cost of costs? (British Columbia, Canada)
When will a summary judgment application be granted in a commercial tenancy matter? (British Columbia, Canada)
Is an order from an application to re-open and re-consider a decision, where the order from the first judgment had been entered, a matter of practice and procedure? (British Columbia, Canada)
Can a judgment creditor attach by garnishing a debt that is owed to a judgment debtor and another? (British Columbia, Canada)
What is the test for an application to reopen a trial? (British Columbia, Canada)
Can a judgment against a defendant be executed on January 18, 1996, but no steps have been taken to execute the judgments for 10 years? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
Is this a variation application pursuant to the reasons for judgment of Mr Justice Hood? (British Columbia, Canada)
What is the test to succeed on an application for summary judgment? (British Columbia, Canada)
