What is new evidence in the context of an appeal?
British Columbia, Canada
The following excerpt is from Ratnam v. Priyanthan, 2017 BCCA 343 (CanLII):
There is a difference between fresh evidence and new evidence. Fresh evidence is evidence that existed at the time of the trial or hearing, but for some reason was not put before the court below. New evidence is evidence of matters that occurred subsequent to the order appealed from: Fotsch v. Begin, 2015 BCCA 403 at paras. 18-20.
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