What is the legal test for admitting fresh evidence in a personal injury case?
Saskatchewan, Canada
The following excerpt is from R. v. S.G.T., 2011 SKCA 4 (CanLII):
Where an appellant contends that he received an unfair trial because of ineffective legal representation, the criteria established in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 governing the admission of fresh evidence, give way to case-sensitive considerations. The test for admission of fresh evidence where an issue of solicitor incompetence is raised is more broadly concerned with issues of trial fairness, the regularity of the trial process and avoiding miscarriages of justice.
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