How have the courts in Canada re-opened the evidence after judgment?

British Columbia, Canada


The following excerpt is from Brown v. Douglas, 2011 BCSC 113 (CanLII):

In Cheema v. Cheema, 2001 BCSC 298, there is a detailed and helpful review of the cases in which the courts have appropriately reopened the evidence after judgment. This has been done to correct errors made in addressing the evidence before the court, to clarify ambiguous language, and to address changes in circumstances. The court concluded that the unfettered discretion should be used sparingly and with regard to the underlying rationale for the use of the discretion to prevent an injustice from occurring.

Other Questions


Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What is the current state of the law in Canada when it comes to rationalizing the subjective evidence of the parties' intentions with objective evidence? (British Columbia, Canada)
What is the current state of the law in Canada under s. 12 of the Canada-Canada Border Security Act? (British Columbia, Canada)
When there are two defendants in a motion for summary judgment against each other, does the court have any authority to grant summary judgment? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
What are the principles that will govern the court's approach to assessing evidence where there are significantly different versions of the evidence? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
What is the effect of the Court of Appeal of the Supreme Court of Canada's most recent decisions on same sex discrimination? (British Columbia, Canada)
Does the court have to determine whether a judgment is binding on trust that was obtained prior to the judgment being made? (British Columbia, Canada)
What are the principles governing the court’s approach to assessing evidence where there are significantly different versions of the evidence? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.