Is it appropriate for the applicant to reopen his case to allow evidence to be called to justify the reception of the notes as proof?
Manitoba, Canada
The following excerpt is from Mathis Estate, Re;Piasta v. St. John's Cathedral Boys School et al., 1988 CanLII 7215 (MB QB):
The applicant has requested that he be allowed to reopen his case to allow the appropriate evidence to be called to justify the reception of the notes as proof pursuant to Ares v. Venner (supra). It is contended there was a misunderstanding as to the effect of allowing the notes to be filed pursuant to s. 49. The reason for the notes being allowed into evidence was clearly stated at the time of filing and it would not be appropriate to reopen the case at this time
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