What is the test for rescinding a decision?
Canada (Federal), Canada
The following excerpt is from N. M. v Minister of Employment and Social Development, 2016 CanLII 78647 (SST):
On an application to rescind or amend a decision, the test is whether the new evidence establishes the existence of a condition, which though in existence at the time of the hearing or proceedings in question, could not be discovered with the exercise of reasonable diligence: Canada (Attorney General v. Richard), 2008 FCA 69.
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