What is the test for an allegation that a trial counsel was incompetent?
Ontario, Canada
The following excerpt is from R. v. Donovan, 2007 CanLII 29340 (ON SC):
The Appellant says that his counsel was incompetent because he did not arrange to tender expert evidence from a toxicologist, which, he says, taken together with his evidence would constitute a valid defence and accordingly he seeks to tender expert evidence of evidence to the contrary, as fresh evidence in order to substantiate his allegation that his trial counsel was incompetent and relies on the criteria set out in Palmer v. The Queen (1979) 1979 CanLII 8 (SCC), 50 C.C.C. (2d) 193 (S.C.C.)
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