What is the test with respect to the effect of the new evidence that has been published in the Court of Appeal?
Nova Scotia, Canada
The following excerpt is from Federal Business Development Bank v. Silver Spoon Desserts Enterprises Ltd., 2000 CanLII 5612 (NS SC):
The test with respect to the effect of the fresh evidence has been variously stated as noted above. The least strict test is that set out in Dawi v. Armstrong, that is, whether it would have had an “important influence” on the decision. To begin with, I will use that as the test.
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