What is the traditional test for the introduction of fresh evidence on appeal?
Nova Scotia, Canada
The following excerpt is from C.F. v Nova Scotia (Minister of Community Services), 2017 NSCA 56 (CanLII):
The traditional test for the introduction of fresh evidence stems from Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R 759. Palmer identifies four characteristics which the evidence must have in order to be admitted for the first time on appeal: it must be fresh; it must be relevant; it must be credible; and it must be compelling (p. 775).
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