What is the test for relying on evidence that is not relevant to any substantive issue on an appeal?
British Columbia, Canada
The following excerpt is from British Columbia (Public Trustee) v. Brown, 1993 CanLII 6874 (BC CA):
The evidence is not within the ambit of the principle enunciated in such cases as Morris v. Fletcher (supra). There the proposed evidence was relevant to the substantive issues raised on the appeal, and the evidence was available at the time of the original hearing. Here the evidence sought to be relied on by the respondents was available, but it was not relevant to any issue raised before the chambers judge, and is not relevant to any substantive issue on the appeal. It is, however, pertinent to the arguments which the respondents now advance, namely, that it would be unfair or unjust to allow the appeal to be heard in all the circumstances.
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