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Simon Shields, Lawyer

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Since 2005

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Simon Shields, LLB

Civil Procedure - Trial - Re-opening Trial

Halton BMAC Mechanical Inc. v. Design Build Inc. (Ont CA, 2014)

In this case the Court of Appeal set out the factors to be considered when deciding a motion to re-open a trial after judgment has been given:
[9] Pursuant to rule 52.10 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, to re-open the trial to hear additional evidence the appellant had to establish two points: (1) that the evidence would probably have altered the judgment and (2) that the evidence could not with reasonable diligence have been discovered sooner. See Becker Milk Co. Ltd. v. Consumers’ Gas Co. 1974 CanLII 545 (ON CA), (1974), 2 O.R. (2d) 554 (C.A.) at 557 and 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2001 SCC 59 (CanLII), 2001 SCC 59, 204 D.L.R. (4th) 542.

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