Can a summary judgment be overturned on the basis of facts discovered after entry of the judgment?
Manitoba, Canada
The following excerpt is from 585430 Alberta Ltd. et al v. Trans Canada Leasing Inc. et al, 2005 MBQB 220 (CanLII):
With respect to the criteria for setting aside a summary judgment on the basis of facts discovered after entry of the judgment, the Ontario Court of Justice in Dawi v. Armstrong [1992] O.J. No. 2525 held that: ▪ it must be established that the new evidence to be adduced could not have been obtained by reasonable diligence before the judgment; and ▪ there must be apparently credible evidence that would have an important influence on the decision as to whether there is a triable issue.
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