What is the test for admitting fresh evidence at a hearing?
Alberta, Canada
The following excerpt is from Ziolkoski v. Unger, 2011 ABCA 76 (CanLII):
Even if the fresh evidence applications are relevant, the test to be used for the admission of fresh evidence set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 is not met. The fresh evidence is not reasonably capable of affecting the conclusion that a general waiver of privilege was not established.
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