What is the legal test for admitting fresh evidence in a sexual assault case?
British Columbia, Canada
The following excerpt is from Bonar v. Bonar, 2016 BCSC 2065 (CanLII):
The test for admission of fresh evidence and its distinction from new evidence is set out in Jens v. Jens, 2008 BCCA 392. Fresh evidence is evidence that existed at the time of the trial but for various reasons could not be put before the court; new evidence is evidence that became available after trial.
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