What is the test for obtaining an allegation of sexual assault without proper due diligence?

New Brunswick, Canada


The following excerpt is from Adams v. Borrel, 2009 NBQB 186 (CanLII):

In Ladd v. Marshall the test is: (1) it must be shown the evidence could not have been obtained by due diligence; (2) would the evidence have an important influence on the trial; and (3) the evidence must be credible, although not incontrovertible.

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