What is the test for fresh evidence on a judicial review?

British Columbia, Canada


The following excerpt is from Canadian Pacific Railway v. British Columbia (Information and Privacy Commissioner), 2002 BCSC 603 (CanLII):

CPR submits that the test for fresh evidence on a judicial review is that set out in Eamor v. Air Canada Ltd., [1998] B.C.J. No 344 as follows: (1) The evidence should generally be admitted if, by due diligence, it could have been adduced at trial provided that this general princi0ple will not be applied as strictly in a criminal case as in a civil case. (2) The evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue in the trial. (3) The evidence must be credible in the sense that it is reasonably capable of belief, and (4) It must be such that if believed it could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the results. Eamor v. Air Canada Ltd., [1998] B.C.J. No. 344 (B.C.S.C.) at paragraph 4

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