What is the test for a defence application to re-open its case post-verdict?
Ontario, Canada
The following excerpt is from R. v. M.G.T., 2017 ONCA 736 (CanLII):
The respondent contends that the standard to be applied when the defence seeks leave to re-open its case post-verdict is, as it should be, a rigorous test not easily met. The appellant must meet the requirements for the admission of fresh evidence on appeal set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R 759. And, further, the judge must consider whether the application to re-open is in reality an attempt to reverse a tactical decision made at trial.
"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
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert? (Ontario, Canada)
What are the legal principles applicable to an originating application? (Ontario, Canada)
What is the defence of the defence in a personal injury case? (Ontario, Canada)
What is the Applicant’s second argument in his application for leave of execution under s. 6 of the Charter of Human Rights Act? (Ontario, Canada)
What is the case law in favour of adducing additional evidence at the application stage of the application? (Ontario, Canada)
What is the test for malice in the context of the defence against the Motion Judge’s finding that malice may undermine the defence? (Ontario, Canada)
What is the limitation period for an application to appeal against a denial of a licence application? (Ontario, Canada)
