What is the difference between new evidence and new evidence?
British Columbia, Canada
The following excerpt is from Sandhu v. British Columbia (Provincial Court), 2013 BCCA 88 (CanLII):
Each party has applied to adduce “fresh” evidence. In the case of the appellant, the tendered evidence is new evidence, not fresh evidence, because none of it existed at the time of the judicial review hearing before the chambers judge (see Jens v. Jens, 2008 BCCA 392, 300 D.L.R. (4th) 136 at paras. 23-30, for a discussion of the difference between new evidence and fresh evidence). The evidence tendered by the respondent consists partly of fresh evidence and partly of new evidence.
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