Is new evidence admissible on appeal?
Canada (Federal), Canada
The following excerpt is from Bouchard v. Canada (Justice), 2018 FC 559 (CanLII):
The representative also considered Palmer v. The Queen 1979 CanLII 8 (SCC), [1980] 1 SCR 759, which held that new evidence is admissible on appeal when: 1) even by due diligence, it could not reasonably have been adduced at trial; 2) it is relevant; 3) it is credible in the sense that it is reasonably capable of belief; and 4) if believed, it could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the result. (See p. 775.)
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