What is the impact of a decision by the Court of Appeal to re-open an application for fresh evidence?

Further, decisions may lead to reliance, and there is the possibility of real potential prejudice to a successful party where it unexpectedly finds a matter re-opened. As was made explicit in Alberta v. B.M., the necessary threshold for due diligence is that evidence could not have been obtained at an earlier point. If an applicant cannot explain its delay to the point in time at which a fresh evidence application is made, then that failure will likely mean the due diligence requirement was not satisfied. C. Fresh evidence proposed in this case