What is the test for admitting new evidence at a hearing?
British Columbia, Canada
The following excerpt is from Tekamar Mortgage Fund Ltd. v Hegel, 2018 BCSC 1369 (CanLII):
The test for admission of fresh evidence is set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 at 775. For fresh evidence to be admitted it must meet the following test: • the evidence should generally not be admitted if, by due diligence, it could have been adduced at the hearing; • the evidence must be relevant in the sense that it bears upon a decisive or potentially decisive issue; • the evidence must be reasonably capable of belief; and • it must be such that if believed it could reasonably be expected to have affected the result.
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