What is the test for admissibility of new evidence in a personal injury case?

British Columbia, Canada


The following excerpt is from Lowe v. Christensen, 1984 CanLII 793 (BC CA):

The test for admissibility of this new evidence has been set forward in two cases to which I would like to refer. First, in Douglas v. Dougall, ante, p. 188, McFarlane J.A., in giving the judgment of this court, said [ante, pp. 188-89]: This is what I would call a new rule. It came into effect in this province last September and replaced the former rule which was in rather different terms. I do not wish to say more about the new rule other than that, as I read it, it vests in the court or a judge of the court a broad discretion to be exercised, of course in a judicial manner, when an application is made to adduce evidence in this court that was not before the trial judge. I take to be the guiding factor that the discretion so vested in the court will be exercised in accordance with the court's view of the interests of justice as applied to the circumstances of each individual case.

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