Does evidence as to the recovery of the mother's recovery from addiction meet the test for new evidence?
British Columbia, Canada
The following excerpt is from British Columbia Birth Registry No. 2006-59-039985 (Re), 2010 BCCA 137 (CanLII):
In my view, the evidence as to the mother’s progress in recovery from her addiction meets the test for new evidence set out in Jens v. Jens, 2008 BCCA 392 at paras. 29-30, 84 B.C.L.R. (4th) 250. It is evident that the chambers judge assumed that her history of drug use would interfere with her parenting abilities, and that her recovery from her addiction was uncertain. She is entitled to demonstrate those assumptions were incorrect by providing evidence as to her progress in recovery.
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