What is the test for an application to reopen a criminal case?
British Columbia, Canada
The following excerpt is from E. Sands and Associates Inc. v. Dextras Engineering & Construction Ltd., 2009 BCSC 42 (CanLII):
On an application to reopen, the onus is on the applicant to satisfy the court on a balance of probabilities that a miscarriage of justice would probably occur without the rehearing and that the new evidence or argument would probably change the result: Vance v. Vance (1992), 34 B.C.L.R. 209 at 211 (S.C.).
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