What is the current state of the law on “fresh” evidence?
British Columbia, Canada
The following excerpt is from Jens v. Jens, 2008 BCCA 392 (CanLII):
Of particular relevance to this appeal is the distinction Ryan J.A. drew between “fresh” evidence and "new" evidence that became available subsequent to trial. As she explained, fresh evidence is evidence that existed at the time of the trial, but for various reasons could not be put before the court: see Struck v. Struck, 2003 BCCA 623 at para. 37, (2003), 20 B.C.L.R. (4th) 242.
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