3.5 Introducing new evidence

In general, you cannot introduce new or additional evidence at your appeal. You must rely on the evidence that you submitted in the previous proceedings. However, you may introduce new evidence with leave (permission) from the division hearing the appeal (usually three judges). Rule 31 provides details about how to bring an application to court to decide this issue. The application is normally heard by the division at the start of your appeal hearing.

At the beginning of the hearing, you should tell the court that you want to make a request to submit new evidence. The court will hear your reasons why this evidence should be considered on appeal. If the respondent objects to your request, he or she will have an opportunity to explain why the evidence should not be introduced.

These are the general principles the division will consider on your application to admit new evidence:

  1. The evidence will generally not be admitted if you could have introduced it at trial; 
  2. The evidence must be relevant in the sense that it relates to a decisive or potentially decisive issue in the case;
  3. The evidence must be credible in the sense that it is reasonably capable of belief; and
  4. If believed, the evidence could reasonably, when taken with the other evidence introduced, be expected to have affected the result.