What is the test on an application to adduce fresh evidence that existed at the time of trial but was not placed before the trial court?

British Columbia, Canada


The following excerpt is from Kerr v. Baranow, 2009 BCCA 111 (CanLII):

The test on an application to adduce fresh evidence that existed at the time of trial, but for various reasons was not placed before the trial court, was set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 and reiterated in R. v. Lévesque, 2000 SCC 47, [2000] 2 S.C.R. 487. The evidence must be relevant and credible, could not have by due diligence been admitted at trial, and when taken with other evidence could be expected to have affected the result.

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