A judge has decided to hear new evidence in the case of an educational worker accused of assaulting a student with special needs.

The judge was prepared to deliver the verdict in October, but at the last minute someone walked into the courtroom claiming to have important information.

 On Thursday the judge ruled the case will re-open.

“It’s anticipated that I’ll call some further evidence and then the crown may or may not choose to call some further evidence,” said defence lawyer Mitch Eisen who was given three weeks to investigate the new information.

Stibbard is accused of assaulting Riley Dooley, a student with autism who was badly injured on a field trip in 2014. Stibbard has pleaded not guilty.

Stibbard first said Dooley slipped and fell, but then claimed Dooley attacked him three times, and that he blocked one of Dooley's kicks with his foot. The incident left Dooley with two broken bones.

Dooley's parents were disappointed to learn there has been another delay in the case.

“We’re curious to know why somebody would wait so long to come forward, just out of the blue when a verdict is about to be read,” said Patty Dooley.

The trial is scheduled to continue on December 8.