What is the test for admissible new evidence in a civil case?
British Columbia, Canada
The following excerpt is from R. v. Mero, 2021 BCCA 399 (CanLII):
The leading case on fresh evidence is Palmer v. The Queen, [1980] 1 S.C.R. 759 at 775, 1979 CanLII 8. Proposed fresh evidence must be admissible and meet the following criteria: 1. in spite of due diligence, the evidence could not be adduced at trial; 2. the evidence is relevant; 3. the evidence is credible; and 4. the evidence could be expected to have affected the result.
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