Can a motion for the introduction of fresh evidence be dismissed at the hearing?

13 The motion for the introduction of fresh evidence was dismissed at the hearing. The appellant was unable to establish the criteria set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, for the introduction of such evidence. Although counsel for the appellant argued that the fresh evidence related to a credibility issue and ultimately to the issue of costs, my reading of the reasons for decision do not demonstrate that credibility was a real issue for the motions judge. His determination of the costs issue was based upon the admissions by the appellant and upon the undisputed evidence.