What is the test for admitting further evidence on appeal?

Ontario, Canada


The following excerpt is from R. v. Manasseri, 2013 ONCA 647 (CanLII):

The criteria applied to determine whether the “interests of justice” warrant reception of further evidence on appeal are a well-rehearsed quartet: i. the evidence should not generally be admitted if, by due diligence, it could have been adduced at trial; ii. the evidence must be relevant and bear upon a decisive or potentially decisive issue in the trial; iii. the evidence must be reasonably capable of belief; and iv. the evidence must be such that, if believed, when taken with the other evidence adduced at trial, it could reasonably be expected to have affected the result. Palmer v. the Queen, [1981] S.C.R. 759, at p. 775

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