What is the test for a judge to reopen a civil trial before judgment has been rendered?

Yukon, Canada


The following excerpt is from P.S. Sidhu Trucking Ltd. v Yukon Zinc Corporation, 2016 YKSC 40 (CanLII):

The discretion to reopen is wider in cases where judgment has not yet been rendered. In Vander Ende v. Vander Ende, 2010 BCSC 597, Ballance J. summarized the test as follows: 84 The decision to permit or disallow reopening is a matter of judicial discretion. The discretion of the trial judge presiding over a civil trial to reopen the trial before judgment has been rendered is wide. The scope of the discretion is generally narrower where judgment has been issued, and the test becomes even more rigorous depending on whether the order has or has not been entered…While the ambit of the judicial discretion is acknowledged as being unfettered, it must be exercised cautiously so as to prevent an abuse of process…. In considering whether to reopen, the court should turn its mind to the relevance of the proposed evidence, the effect, if any, of reopening on the orderly and expeditious conduct of the trial at large, and most fundamentally, whether the other party will be prejudiced if the reopening is permitted… (underlining and bolding mine)

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