Does a learned trial judge have the power to re-open?
British Columbia, Canada
The following excerpt is from Hamilton v. Busch, 1994 CanLII 8706 (BC CA):
In the case at bar, the learned trial judge took a much too limited view of the extent of his discretion. Varette v. Sainsbury [1927 CanLII 11 (SCC), [1928] S.C.R. 72], relied upon by the learned trial judge, does not address the power of a trial judge to re-open. It addresses the power of an appellate court to receive fresh evidence upon an appeal, a related but different question.
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