In Fouracres v. Taylor (1996), 49 C.P.C. (3d) 313 (B.C.S.C.), an application was made to re-open a personal injury jury trial after the verdict was rendered, when it was discovered that two witnesses with conflicting evidence were available to come forward with relevant evidence. The existence of both witnesses was known before trial. Saunders J. found that while the court has the jurisdiction to re-open a case, even after judgment is given, that power is to be used sparingly. She summarized the burden upon the applicant at pp. 315-316: An applicant must show that a miscarriage of justice would probably occur without the rehearing and the evidence sought to be adduced will probably change the outcome of the trial... This reluctance to re-open a case is particularly strong where the case has been tried by judge and jury.
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