C.D. McKinnon

The self-represented appellant brought a motion seeking leave to introduce fresh evidence on his appeal.

He argued the new evidence would show the trial judge erred in finding that photographs were delivered unconditionally as a gift.

The Divisional Court dismissed the motion, finding that the proposed evidence was not in affidavit form, could likely have been obtained before trial with reasonable diligence, and would not be conclusive of the issue.

The moving party (appellant) sought leave to introduce fresh evidence on an appeal regarding a dispute over photographs.

The appellant argued the new evidence would contradict the trial judge's finding on the date the photographs were delivered, thereby undermining the trial judge's credibility assessment.

The Divisional Court dismissed the motion, finding that the proposed evidence was not in affidavit form, could likely have been obtained before trial with reasonable diligence, and would not be conclusive of the issue.