What is "fresh evidence" introduced by the parties in a sexual assault case?

The “fresh evidence” sought to be introduced by the parties is, in fact, new evidence, the test for the admission of which is somewhat different from the test for the admission of “fresh evidence”. The latter is evidence that existed at the time of trial or hearing of first instance, but for various reasons was not put before the court: see Struck v. Struck, 2003 BCCA 623, 20 B.C.L.R. (4th) 242, at para. 37. New evidence is evidence of events subsequent to the trial (or hearing of first instance).