In McHale v. Khullar (Ont Div Ct, 2026) the Ontario Divisional Court considered whether the test for fresh evidence is more generous for self-presenters:
[28] One of the tests for the admission of fresh evidence at an appeal is that the proposed evidence could not have been, through due diligence, adduced at trial: Schram v. Thompson, 2022 ONSC 6922, at para. 19. The Tenant does not explain why this new evidence was not available at the original hearing on May 2, 2024.
[29] The requirement for “due diligence” is the same whether a litigant is represented by counsel or self-represented. Being self-represented is not a ground for admitting fresh evidence on appeal.
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