What is the test for an application to re-open a civil case?
British Columbia, Canada
The following excerpt is from Ludlow v. McMillan, 2011 BCSC 978 (CanLII):
I believe at least one other consideration is relevant on the issue of miscarriage of justice. The cases consider the possibility that an application to re-open may “permit a litigant after discovering the effect of a judgment to re-establish a broken-down case with the aid of further proof.” I find that in this case the petitioner’s application is similar to the application described by Woods J.A. at para. 12 of Sykes v. Sykes, being: ... based ... on the pragmatic decision to advance an alternative argument which could easily have been advanced at the time of the original trial. ...” I am in complete agreement with Wood J.A.’s analysis: This is not a proper basis upon which to exercise the discretion to re-open. (at para. 12)
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