What is the test for a rule similar to section 172 of the Rules of Civil Procedure?
Canada (Federal), Canada
The following excerpt is from Stover v. The Queen, 2016 CCI 235 (CanLII):
Justice Doherty of the Court of Appeal for Ontario considered in Mujagic v. Kamps, 2015 ONCA 360 (CanLII), a rule similar to section 172 of the Rules. In paragraph 9 of his decision, he wrote: . . . The distinction between fact and law is well-established. Facts come from evidence, including new testimony and exhibits. Law comes from statute books and case law. The law is applied to the facts to produce a result. Rule 59.06(2)(a), by its plain meaning, speaks to "facts arising or discovered" and not to jurisprudential changes. New facts, like all facts, are found in evidence, not in the statute books or case law.
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