What principles govern the reopening of a judgment?

Counsel for the plaintiffs submitted that a summary of principles governing the re-opening of a judgment are applicable as set out in Atkinson v. McMillan, 2010 YKSC 13, at para. 3: 1. It is not the purpose of the discretion to reopen to make available to a litigant an alternative method of appeal. 2. The discretion to reopen may be properly exercised where the trial judge is satisfied that the original judgment is in error because it overlooked or misconstrued material evidence or misapplied the law. 3. This power must be "exercised sparingly" to avoid fraud and abuse of process. 4. The underlying rationale for the unfettered discretion is to prevent a miscarriage of justice. 5. In general, reconsideration of an issue is not an alternative to an appeal. 6. The burden of persuasion rests with the applicant, who must show that a miscarriage of justice would probably occur unless the issue is reconsidered and decided in his favour.