What is the test for fresh evidence in the context of an appeal?
Alberta, Canada
The following excerpt is from Border Paving Ltd. v. Alberta (Occupational Health and Safety Council), 2009 ABCA 37 (CanLII):
Assuming, without deciding, that the test for fresh evidence is met, we decline to consider the evidence because in our view the appeal is not moot. An appeal is moot when a decision will not have the effect of resolving some controversy affecting or potentially affecting the rights of the parties: Borowski v. Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 S.C.R. 342.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for appeal leave to appeal the decision of a development appeal board? (Alberta, Canada)
What is the impact of a decision by the Court of Appeal to re-open an application for fresh evidence? (Alberta, Canada)
What is the test for an appeal where there is no evidence to support an appeal? (Alberta, Canada)
Is new evidence submitted as fresh evidence admissible at trial? (Alberta, Canada)
What is the test for admitting fresh evidence at a hearing? (Alberta, Canada)
How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment? (Alberta, Canada)
What is the scope of a review of the evidence in the context of a motion for summary judgment? (Alberta, Canada)
What is the legal test for admitting fresh evidence at trial? (Alberta, Canada)
Is a finder of fact not compelled to discount the evidence of a witness on a point when an opposing witness has not been confronted and challenged with the contrary version of the evidence? (Alberta, Canada)
How has the court treated a request for additional evidence in the context of the trial? (Alberta, Canada)
