Amendment of Decision

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II. Principles of Law

(b) What Constitutes New Facts

A different version of facts already known to the claimant, mere afterthoughts or the sudden realization of the consequences of acts done in the past are not "new facts". New facts, for the purpose of these provisions, are facts which either happened after the decision was rendered or had happened prior to the decision but could not have been discovered by a claimant acting diligently. In both cases the facts alleged must have been decisive of the issue put to the Umpire. One of the requirements of this test, the discoverability requirement, is that the alleged new facts could not have been discovered before the hearing by a claimant who acted diligently.

Canada (A.G.) v. Chan [1994], F.C.J. No. 1916 (F.C.A.)   A-185-94
Mansour v. Canada (A.G.), October 30, 2001, F.C.J. No. 1639 (F.C.A.)   A-145-00
Mehan v. Canada (A.G.), 2009 FCA 281 (F.C.A.)   A-278-08; A-279-08

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