What is the current state of the law on admitting new evidence on judicial review?

Both Counsel also agree that in order to be admitted on judicial review new evidence should meet the test enunciated in Palmer v. R., 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, at 775: a. The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial; b. The evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue in the trial; c. The evidence must be credible in the sense that it is reasonably capable of belief; and d. The evidence 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. Positions of the Parties regarding the New Evidence