What is inadmissible evidence on appeal to challenge factual findings at trial?
British Columbia, Canada
The following excerpt is from R. v. Falkner, 2008 BCCA 277 (CanLII):
[…] Evidence offered on appeal to challenge factual findings at trial is inadmissible unless it is relevant to a material issue, reasonably capable of belief and sufficiently cogent that it could reasonably be expected to have affected the result at trial when considered in combination with the rest of the evidence: Palmer and Palmer v. The Queen, supra, at 205. In short, if the evidence is not sufficiently strong to compel the ordering of a new trial, it cannot be received on appeal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When can an appeal be successful solely on the factual findings of the trial judge? (British Columbia, Canada)
When can an appeal be based entirely on the factual findings of the trial judge? (British Columbia, Canada)
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence? (British Columbia, Canada)
What is the effect of inadmissible evidence at trial and on appeal? (British Columbia, Canada)
What is the standard of review for the issues raised on an appeal against the findings of the trial judge? (British Columbia, Canada)
Can the Court of Appeal overturn a finding that a jury found a jury's verdict unreasonable and order a new trial? (British Columbia, Canada)
Does a trial judge have to consider the evidence that supports a finding of criminal negligence in a dangerous driving case? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What is the test for malicious intent in the context of an appeal against the findings of a finding of malicious intent? (British Columbia, Canada)
