What is the legal test for admitting fresh evidence on appeal?

Canada (Federal), Canada

The following excerpt is from NLHA'7KAPMX Child And Family Services v. Lockhart, 2002 FCT 348 (CanLII):

The leading case for the admission of fresh evidence on appeal is Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, where at page 775 the following criteria are set out: 1. The evidence should generally not be admitted if, by due diligence, it could have been adduced at trial, provided that this general principle will not be applied as strictly in a criminal case as in a civil case. 2. The evidence must be relevant in the sense that it bears upon a decisive, or potentially decisive, issue in the trial. 3. The evidence must be credible in the sense that it is reasonably capable of belief. 4. The evidence must be such that if believed it could reasonably, when taken with the other evidence adduced at trial, be expected to have affected the result.

Other Questions


What is the test to admit fresh evidence on appeal? (Canada (Federal), Canada)
What is the traditional test for admitting fresh evidence on appeal? (Canada (Federal), Canada)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
Is there any case law where a state court admitted evidence in violation of state rules of evidence? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
What is the legal test for admitting new evidence in a contested election? (Canada (Federal), Canada)
What is the state of the law on admitting opinion evidence at the Court of Appeal? (Canada (Federal), Canada)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.