What is the test for admitting further evidence after the conclusion of the trial?

Ontario, Canada


The following excerpt is from Paftali v. Paftali, 2020 ONSC 5325 (CanLII):

In exercising my discretion to admit further evidence after the conclusion of the trial, I consider the bearing of the further evidence upon the case in light of the evidence already heard at trial. I recognize that, in keeping with the authorities reviewed in Brasseur v. York, a more relaxed standard of admission is appropriate given that a decision has not yet been rendered. However, at the same time, the authorities are clear that it remains the exceptional case where a motion to adduce further evidence following the conclusion of the hearing of the trial should be allowed.

Other Questions


Does a trial judge have to detail every aspect of her decision if she prefers some evidence over other evidence? (Ontario, Canada)
Is a trial judge required to review all the evidence at trial? (Ontario, Canada)
Can a court admit evidence of the factual matrix or circumstances surrounding the conclusion of an agreement? (Ontario, Canada)
How has the trial judge reviewed the evidence at a jury trial? (Ontario, Canada)
What is the test for admitting evidence in a murder trial involving violence occurring in the context of a close personal relationship? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
Can a conclusion or opinion from a witness be admitted as non-expert opinion evidence? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
What is the legal test for admitting fresh evidence on appeal concerning matters that pre-date the trial? (Ontario, Canada)
What is the test for admitting new evidence at trial? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.