Is there any fresh and/or new evidence to be addued at the second hearing of the BCCA?
British Columbia, Canada
The following excerpt is from Lipskaya v. Guo, 2022 BCCA 118 (CanLII):
In my view, the purported fresh and/or new evidence is either not relevant to a decisive issue, or is inadmissible hearsay. Further, it would not affect the result of either appeal, given my view of the appropriate disposition of the appeals: See e.g., Ratnam v. Priyanthan, 2017 BCCA 343 at paras. 11–19. Counselling has been properly addressed. Admissible evidence of money borrowed for expenses could have been adduced with due diligence at the hearing below.
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