What is the test for allowing evidence to be adduce at the Court of Appeal in the context of an appeal?
Saskatchewan, Canada
The following excerpt is from Wasylyshen v. Law Society of Saskatchewan, 1987 CanLII 4848 (SK CA):
Both parties to the appeal sought leave to adduce evidence in relation to these matters, each consenting to the other’s application. Were it not for that, the evidence would have been allowed only to the extent the prerequisites for the introduction of fresh evidence were shown to have been satisfied: Maitland v. Drozda, 1983 CanLII 2050 (SK CA), [1983] 3 W.W.R. 193.
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