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.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

University of Toronto Press buys legal publisher Irwin Law

Amid insolvency rise, lawyer discusses intersection of employment and bankruptcy/insolvency law

Ontario Superior Court rules driver lacked liability coverage due to pre-accident cancellation

Nine new judges appointed to the Ontario Court of Justice

Ontario Court of Appeal denies legal clinic's motion to intervene in trade dispute

Walking the talk on accommodating lawyers with disabilities

Most Read Articles

The tale of Umar Zameer's two trials – the criminal court and the court of public opinion

Rules limiting advice on digital trading platforms could prevent investor protection: report

Court of Appeal clarifies how tort of abuse of process interacts with criminal proceedings

Walking the talk on accommodating lawyers with disabilities