The plaintiff brought a motion to correct an alleged accidental slip in a trial judgment, to vary the decision based on fraud and fresh evidence, and to stay the execution of costs orders made by the Court of Appeal.
The trial judgment in question had previously been vacated by the Court of Appeal, which dismissed the plaintiff's action and granted the defendant's counterclaim for defamation.
The Superior Court dismissed the motion, finding it lacked jurisdiction to vary a vacated judgment.
In the alternative, the court held that the fresh evidence regarding a non-testifying expert was irrelevant, the accidental slip argument was groundless, and the test for a stay of execution was not met.
