What is the legal test for re-opening a trial to adduce fresh evidence after judgement has been pronounced?
British Columbia, Canada
The following excerpt is from British Columbia (Public Safety and Solicitor General) v. Stelmack, 2011 BCSC 1244 (CanLII):
In Zhu v. Li, Ehrcke J. considered whether the test for adducing fresh evidence on appeal applied to re-opening a trial to adduce fresh evidence after judgement had been pronounced but before entry of the formal order. He concluded that the discretion to re-open a trial to adduce fresh evidence was wider than the test to adduce fresh evidence on appeal (most notably as regards the element of whether, by due diligence, the evidence could have been adduced at trial).
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