What is the test for admitting new evidence at trial?

Ontario, Canada


The following excerpt is from Down et al v. Racz-Down et al, 2010 ONSC 2265 (CanLII):

[12] SLMsoft involved motions for leave to appeal a mareva injunction order and to adduce new evidence. Both motions were dismissed. Epstein J., as she then was, spoke of the “interests of justice” in admitting fresh evidence (para.s 33-38) and then addressed the test set out in R v. Palmer, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 (S.C.C.), namely: i) the evidence should generally not be admitted if, by due diligence, it could have been adduced at the trial (or motion); ii) the evidence must be relevant in the sense that it bears upon a decision or potentially decisive issue in the trial (or motion); iii) the evidence must be credible in the sense that it is reasonably capable of belief, and iv) it must be such that if believed it could reasonably, when taken with the other evidence adduced at the trial (or motion), be expected to have affected the result.

Other Questions


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 admitting opinion evidence at a trial where there are not enough experts? (Ontario, Canada)
How has the trial judge reviewed the evidence at a jury trial? (Ontario, Canada)
Does a trial judge have to detail every aspect of her decision if she prefers some evidence over other evidence? (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)
Is a trial judge required to review all the evidence at trial? (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 further evidence after the conclusion of the trial? (Ontario, Canada)
What is the scope of the evidence of undercover officers giving evidence at a civil trial? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.