McGinn v. Bain Insulation and Supply Ltd., (1990) 126 A.R. 81 (QB)

• Judge: Girgulis, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 09, 1990
• Citations: (1990), 126 A.R. 81 (QB)

McGinn v. Bain Insulation & Supply Ltd. (1990), 126 A.R. 81 (QB)

MLB headnote and full text

John McGinn (plaintiff) v. Bain Insulation and Supply Ltd. (defendant)

(No. 8503-07345)

Indexed As: McGinn v. Bain Insulation and Supply Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Girgulis, J.

October 9, 1990.

Summary:

After the trial evidence was heard and during argument by counsel, the plaintiff applied for permission to call new evidence. The new evidence consisted of testimony that an officer of the defendant attempted to induce a witness to give false evidence about a major fact in issue.

The Alberta Court of Queen's Bench granted the application.

Practice - Topic 3555

Evidence - Leave to offer further evidence after case closed - After the trial evidence was heard and during argument the plain­tiff applied to call new evidence - The Alberta Court of Queen's Bench allowed the application - The court stated that the party applying must offer an explanation why the evidence was not discovered earlier and must show that the new evi­dence is on a significant point in issue (See paragraphs 15 and 16).

Cases Noticed:

Stevenson v. Dandy, [1918] 3 W.W.R. 662 (Alta. C.A.), refd to. [para. 9].

Gootsen v. R., [1948] 4 D.L.R. 33 (S.C.C.), refd to. [para. 12].

Kay v. Wirstiuk (1977), 8 A.R. 405; [1978] 1 W.W.R. 317 (T.D.), refd to. [para. 13].

Associate Capital Services Corp. v. Multi Geophysical Services Inc. (1986), 73 A.R. 364; 44 A.L.R.(2d) 186 (Q.B.), refd to. [para. 20].

Counsel:

F.F. Slatter, for the plaintiff;

T. Achtymichuk, for the plaintiff;

B. Daly, for the defendant.

This application was heard by Girgulis, J., of the Alberta Court of Queen's Bench. The decision of Girgulis, J., was delivered orally on October 9, 1990.