Fresh evidence could have been obtained through reasonable diligence

Ontario civil | Appeal

FRESH EVIDENCE

Fresh evidence could have been obtained through reasonable diligence

Appellant noted former solicitor in default. Trial judge found solicitor had not served appellant well but concluded appellant failed to establish any damages arising from dismissal of her two actions solicitor was handling. Appellant sought to adduce fresh evidence. Appellant appealed. Appeal allowed. Trial judge provided no explanation for why appellant should not have judgment for retainer paid to former solicitor and appellant was entitled to that amount. There was nothing in record or in fresh evidence to establish any other damages resulting from solicitor’s actions. Motion for fresh evidence was dismissed because fresh evidence could have been obtained through reasonable diligence before trial.
Roberge v. Munro (Mar. 26, 2015, Ont. C.A., Robert J. Sharpe J.A., S.E. Pepall J.A., and K. van Rensburg J.A., File No. CA C58831) 251 A.C.W.S. (3d) 546.

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