The following excerpt is from Berenguer v. Sata Internacional - Azores Airlines, S.A., 2021 FCA 217 (CanLII):
The parties agree that the relevant criteria for the admission of new evidence are derived from Palmer v. R., 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, 106 D.L.R. (3d) 212, at para. 22: (1) The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial, although this general principle is applied less strictly in a criminal case. (2) The evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue. (3) The evidence must be credible in the sense that it is reasonably capable of belief, and (4) It must be such that if believed it could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the result.
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