What is the test for a motion to admit fresh evidence at a hearing?
Manitoba, Canada
The following excerpt is from Keystone Agri-Motive (2005) Inc. v., 2014 MBCA 109 (CanLII):
The panel dismissed the fresh evidence motion at the hearing because the appellant failed to satisfy the four well-known criteria for the admission of fresh evidence. See Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759. In particular, he did not establish that the evidence was not available at the time of the hearing of the application (the due diligence criteria). As well, he failed to address the requirement that the proposed evidence was reasonably capable of belief. Conclusion
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