What is the legal test for admitting fresh evidence on appeal?
Canada (Federal), Canada
The following excerpt is from NLHA'7KAPMX Child And Family Services v. Lockhart, 2002 FCT 348 (CanLII):
The leading case for the admission of fresh evidence on appeal is Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, where at page 775 the following criteria are set out: 1. The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial, provided that this general principle will not be applied as strictly in a criminal case as in a civil case. 2. The evidence must be relevant in the sense that it bears upon a decisive, or potentially decisive, issue in the trial. 3. The evidence must be credible in the sense that it is reasonably capable of belief. 4. The evidence 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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