What is the test for “new facts” in the context of an application for a motion to amend the terms of a motion?
Canada (Federal), Canada
The following excerpt is from Carepa v. Canada (Minister of Social Development), 2006 FC 1319 (CanLII):
To amount to “new facts”, the evidence in question must not have been discoverable with due diligence prior to the previous hearing, and the facts must be material: see, for example, Kent v. Canada (Attorney General), [2004] F.C.J. No. 2083, 2004 FCA 420. [16]
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