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Appeals - Fresh Evidence

Evidence - Fresh Evidence on Appeal

R v C.F. (Ont CA, 2017)

Here the Court of Appeal succinctly restates the legal test for the admission of fresh evidence in an appeal:
[53] The test for the admission of fresh evidence from Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, at p. 775 is well known. Fresh evidence:

1. should generally not be admitted if, by due diligence, it could have been adduced at trial;

2. must be relevant, in that it bears upon a decisive or potentially decisive issue in the trial;

3. must be credible, in the sense that it is reasonably capable of belief; and

4. must be such that if believed, and when taken with the other evidence at trial, it could reasonably be expected to have affected the result.


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