What is the test for obtaining new evidence after judgment has been rendered?
British Columbia, Canada
The following excerpt is from J.D.C. v. K.L.M.F.C., 2016 BCSC 1057 (CanLII):
New evidence should only be received after judgment has been rendered on the merits if the applicant can satisfy the court on the balance of probabilities that: a) a miscarriage of justice would occur without the re-hearing; and b) the evidence or argument he now seeks to present on would have changed the result at the trial. On these points the applicant would likely succeed: See Akkor v. Roulston, 2009 BCSC 1584.
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