Can a motion to vacate a judgment on the grounds of perjury succeed?
Ontario, Canada
The following excerpt is from Canada v. Granitile Inc., 2008 CanLII 63568 (ON SC):
This latter approach finds support in the case of MacDonald v. Pier, where Idington J. made the following observation: Again the claim to vacate a judgment on the grounds of perjury cannot succeed unless by new evidence and showing that the aggrieved party could not by reasonable diligence have been able to discover and bring forward at the trial such new evidence as desired to be presented in the action, and the statement of claim should so allege and give some good reason for such failure. (MacDonald v. Pier, 1922 CanLII 29 (SCC), [1923] 1 W.W.R. 376, [1923] S.C.R. 107, [1923] 1 D.L.R. 670, at para. 21)
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