The moving party, Rogers Communications Canada Inc., sought to set aside previous orders dismissing its motion for security for costs against the responding party, Active Security and Cable Inc., on the basis of fraud or newly discovered facts under Rule 59.06(2)(a).
Rogers alleged that an erroneous payment of over $876,000 and other newly discovered facts regarding Active Security's financial status warranted setting aside the orders.
The court dismissed the motion, finding that the new evidence would not have likely altered the original decision, which relied primarily on a large CRA debt.
Furthermore, Rogers failed to prove fraudulent concealment and had made a tactical decision not to raise the new evidence during the appeal process.
