What is the test for re-opening a child protection case?

Ontario, Canada


The following excerpt is from Anderson v. McIntosh-Anderson, 2018 ONSC 4688 (CanLII):

The trial judge may receive new/additional evidence that meets the criteria outlined in Hughes v. Roy, (2016): The governing authorities makes it clear that that the court's discretion to re-open a trial should be exercised sparingly and cautiously. The court must consider the following factors, when determining whether to re-open a case after the end of the trial, either before or after judgment has been rendered: 1. whether the evidence, if presented at trial, could affect the outcome of the trial or could have changed the result if judgment has already been rendered; 2. whether the evidence could have been obtained before the trial by the exercise of reasonable diligence; 3. whether the evidence is relevant, necessary, and reliable; 4. what, if any, is the prejudicial effect of the new evidence; 5. the importance of the integrity of the trial process; 6. whether it would cause a miscarriage of justice if the new evidence were not accepted; 7. in child protection cases, the court ought not to accept a very restrictive approach and should hear further evidence so long as it is relevant to the consideration of what is in the best interests of the child. Flexibility should be maintained by the court when exercising its discretion.[16]

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