What is the test for admitting new evidence on an appeal in child protection proceedings?
Ontario, Canada
The following excerpt is from CAS v. C.A.D. & Z.S., 2011 ONSC 2253 (CanLII):
The test as to whether fresh evidence should be admitted on an appeal in child protection proceedings is as follows: a) it must be highly relevant in that it enables the court to make a determination on an accurate picture of the situation at hand; b) it could not have been adduced before; c) it is potentially decisive as to the child’s best interests; and d) it is credible. Catholic Children’s Aid Society of Metropolitan Toronto v. C.M. 1994 CanLII 83 (S.C.C.)
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