Red Branch Investments Limited v. Long

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca376, 2026 bcca 376 (canlii), 2026, bcca, 376, (canlii), ca50166, 2026, procedure, judgments, setting aside for fraud on the court, prior judgment attacked by separate action, whether trial judge erred in dismissing claim despite perjury, gate, keeping role balancing finality and integrity of trial process, d.k. investments ltd. v. s.w.s. investments ltd. cited, new trial ordered, evidence, fraud on the court, materiality threshold, perjury about neutrality of key witness, whether test for effect of fraud “should not be placed too high”, 100 main street east ltd. v. sakas, meek v. fleming, canada v. granitile inc. applied, fraud “might have misled the court”, new trial ordered, procedure, appeal, error in principle, materiality assessed by reweighing first trial evidence, whether judge improperly asked what first trial judge “would have done”, vale v. sun life assurance co. of canada cautions against “penetrate the trial judge’s mind”, appeal allowed, matter remitted for new trial, evidence, credibility, independent evidence and perjury, credibility contest on ownership arrangement, whether other evidence supporting first result carries little weight where false evidence tendered, fullerton v. matsqui (district) and meek v. fleming relied on, integrity of trial process emphasised, new trial ordered, procedure, costs, costs orders set aside on remittal, cross appeal on special costs not considered, whether costs for first trial, appeal, and supplemental appeal should be determined afresh, costs decision and second costs decision set aside, costs to be determined at new trial, costs considered afresh at new trial