What is the test for admitting or denying evidence on appeal?
British Columbia, Canada
The following excerpt is from Pavlovich v. Danilovic, 2020 BCCA 239 (CanLII):
In my view, the proposed evidence, when taken with the other evidence adduced at trial, could not reasonably be expected to have affected the result. Alexander accordingly fails on this part of the test from Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759. I would not admit the evidence on appeal.
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