What is the test for re-opening a case?
British Columbia, Canada
The following excerpt is from BMF Trading v. Abraxis Holdings Ltd., 2003 BCSC 181 (CanLII):
In Kemp v. Wittenberg, [1999] B.C.J. No. 810 (S.C.) (Q.L.) Ralph J. commented on the underlying rationale of the discretion to re-open the case. He stated (at para. 5): At its heart the discretion has as its purpose the correction of what would otherwise be a miscarriage of justice. It is not, on my understanding of the cases, intended to be an alternative method of appeal.
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