Is there any new evidence that the husband now proposes to tender as "new"?

In any event, the evidence the husband now proposes to tender as “new” is not at all new, being reasonably ascertainable at the time of the original trial. I note the comments in Alberta v. B.M., supra: 31 In my view, due diligence is one of the criteria to be weighed when deciding whether to take the rare step of reopening a pronounced decision. Litigation will rarely have any finality if a party can keep disclosing another part of his or her case, confident in the knowledge that if that does not work, he can wait, hear the judge's decision, and then adduce some more evidence, and try again to plug whatever holes in the case that the judge has identified. …