What is the test to determine whether evidence disclosed late is admissible?
British Columbia, Canada
The following excerpt is from Xie v Yuan, 2017 BCSC 1766 (CanLII):
The parties agree there is a four-part test to determine whether evidence disclosed late is admissible (Houston v. Kine, 2011 BCCA 358, at para. 12: a) whether the plaintiff would suffer prejudice if the use of the document was permitted; b) whether there was a reasonable explanation for the failure to disclose the document; c) whether excluding the use of the document would prevent the determination of the relevant issue on its merits; and d) whether, in the circumstances of the case, the ends of justice require that the use of the document be permitted.
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