What is the current state of the law on admitting new evidence in the context of an appeal?
Ontario, Canada
The following excerpt is from Murakami v. Murakami, 2021 ONSC 1393 (CanLII):
The manner in which this more flexible approach should be applied was outlined by Laskin J.A. in Ojeikere v. Ojeikere 2018 ONCA 372 (at para 48). The proposed fresh evidence should be admitted if it: a) Is credible; b) Could not have been obtained by reasonable diligence before trial or motion; c) Would likely be conclusive of an issue on the appeal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law in the United States on compelled evidence? (Ontario, Canada)
What is the current state of the law in the context of an appeal? (Ontario, Canada)
What is the current state of the law on viva voce evidence in the context of exclusion claims? (Ontario, Canada)
What is the legal test for admitting fresh evidence on appeal concerning matters that pre-date the trial? (Ontario, Canada)
What impact would the inclusion of the evidence in the context of section 24(2) of the Charter under which the evidence is excluded? (Ontario, Canada)
In the context of the issue of handguns in the city of Toronto, what is the current state of the law around the issue? (Ontario, Canada)
What is the test for admitting fresh evidence on appeal? (Ontario, Canada)
What is the current state of the law in the context of search and seizure cases? (Ontario, Canada)
What is the current state of the law on appeal and judicial review? (Ontario, Canada)
What is the current state of the law on the issue of secondary evidence? (Ontario, Canada)
