What is the test for admitting fresh evidence in a personal injury action?
Ontario, Canada
The following excerpt is from Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation No. 1636, 2021 ONCA 360 (CanLII):
We would not admit the fresh evidence. It does not meet the test for the admission of fresh evidence set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, at p. 775. Specifically, none of this evidence is relevant to the issue as to the applicability of the arbitration clause nor could it be expected to have affected the result on that issue. This evidence may be relevant to the dispute between the parties, but it is not relevant to the proper process for resolving that dispute. CONCLUSION
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