What is the test for an application to re-open a trial to establish a fact not in existence at the close of trial?
British Columbia, Canada
The following excerpt is from Garrett v. Garrett, 2000 BCSC 545 (CanLII):
An application to re-open a trial to establish a fact not in existence at the close of trial ought to be used sparingly and only if a meritorious case for its use is made out. Such was the case in Mulholland v. Mitchell where without the new evidence being admitted, a fraud upon the court could have occurred.
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