December 5, 2022 – Adducing Evidence After Trial is Over

“The test for adducing additional evidence after a Court has reserved its decision is very high.  The test is set out in 671122 Ontario Ltd. v. Sagaz Industries Canada Ltd. (2001 SCC 59, [2001] 2 S.C.R. 983).  In that case, the Court set out the following test:

a)   Would the evidence have affected the outcome of the hearing?

b)   If so, was the evidence discoverable prior to the hearing?”

Rana v. Rana, 2019 ONSC 7048 (CanLII) at 39