What is the legal test for a motion to recall a witness?

Ontario, Canada


The following excerpt is from Sheldon v Reyna, 2017 ONSC 7248 (CanLII):

I have considered the factors listed in paragraph 12 of the 2007 Griffi v. Lee decision. For example, I am satisfied that the plaintiff’s counsel has explained why she wishes to recall the plaintiff and that her decision is not rooted in a deliberate choice she made to conduct the plaintiff’s case in a certain way that did not pan out. Further, as the defendant’s counsel will have the right to cross-examine the plaintiff, I see no irreparable prejudice to the defendant that would be caused by recalling the plaintiff, particularly if certain restrictions are imposed on the plaintiff’s counsel’s pre-recall testimony communications with the plaintiff. This is also a situation in which an unanticipated event—the disclosure of new documents—gave rise to the request to recall a witness.

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