What is the legal test for admitting new evidence in a contested election?
Canada (Federal), Canada
The following excerpt is from Opitz v. Wrzesnewskyj, [2012] 3 SCR 76, 2012 SCC 55 (CanLII):
An appellate court will consider the relevance and reliability of fresh evidence in determining whether to admit it, as well as whether the evidence could have been adduced at trial through due diligence: Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759. However, contested election applications must be heard “without delay and in a summary way” under s. 525(3) of the Act, which suggests that the due diligence requirement can perhaps be relaxed in the election context.
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