September 18, 2020 – Fresh Evidence on Appeal

“The four-part test for admitting fresh evidence on appeal is set out in R. v. Palmer, 1979 CanLII 8 (SCC)[1980] 1 S.C.R. 759 at 775:

▪   The evidence should not be admitted if, through reasonable due diligence, it could have been adduced at trial.

▪   The evidence must be relevant to a decisive or potentially decisive issue.

▪   The evidence must be credible, or reasonably capable of belief.

▪   The evidence must be such that, if believed and considered along with all the other evidence, it could have affected the result at trial.”

         Bemrose v. Fetter, 2007 ONCA 637 (CanLII) at 52