What is the test for fresh evidence to be admissible on appeal?
Ontario, Canada
The following excerpt is from R. v. A.E., 2016 ONCA 243 (CanLII):
To be admissible on appeal, fresh evidence must meet the criteria in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, the last of which is that the evidence could reasonably be expected to have affected the outcome of the decision under appeal.
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