What is the current state of the law on the admission of new evidence in a civil case?

The governing approach to the admission of fresh evidence is found in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, at p. 766, dealing with an earlier version of this section (s. 610). After reviewing a number of appellate court decisions bearing on this issue, McIntyre J. articulated the following principles, at p. 775: (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 civil cases… (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, 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. This court has applied these principles on countless occasions.