CKS v OSS, 2014 ABCA 416


14.38: Court of Appeal panels

Case Summary

The Applicant applied to have new evidence introduced during his Appeal of a Child Support Order under Rule 14.38(2)(b). The Court specified that, in order for fresh evidence to be admitted on Appeal, a number of requirements must be met. The evidence must satisfy the test in Palmer v The Queen, [1980] 1 SCR 759: the fresh evidence must have been admissible at Trial, it should be evidence that makes a difference even if post-Trial and the evidence should be material, cogent and of compelling significance. The Court held that the new evidence was not fresh or new, and was not dispositive in the case or likely to have affected the result. As a result, the Application to adduce fresh evidence on Appeal was denied.

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