What is the legal test for admitting new evidence in a personal injury case?

Newfoundland and Labrador, Canada


The following excerpt is from Philpott Estate (Re), 1999 CanLII 18982 (NL CA):

And in Harper v. Harper (1979), 1979 CanLII 168 (SCC), 27 N.R. 554; 98 D.L.R.(3d) 600 (S.C.C.), Laskin, C.J.C., stated at p. 605 [D.L.R.] that the normal requirements for admission of new evidence: "... will yield to a situation where a solicitor as an officer of the court has not brought to the court's attention pre-existing matters of which he had knowledge or where a party to the proceedings has misled the court as to facts in issue or has misled his own solicitor or counsel, with the result that the action has proceeded on an erroneous factual basis."

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