What is the difference between "new evidence" and “new evidence” at trial?

British Columbia, Canada


The following excerpt is from Berg v. Harbour City Diesel and Offroad Ltd., 2012 BCSC 710 (CanLII):

There is a distinction between “new evidence”, evidence that became available subsequent to trial, and “fresh evidence”, evidence which was in existence at the time of trial, but for various reasons was not put before the court: Scott v. Scott, 2006 BCCA 504 at para. 22.

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