Civil Procedure - Appeal - Application for Trial Transcript, Civil Procedure - Appeal - Application to Adduce Fresh Evidence
The applicant appellant appealed the decision of a Queen’s Bench judge respecting family law matters. Prior to the appeal, the appellant applied to the court for: 1) an order that the transcripts of two hearings of the court in these proceedings be prepared to help him properly argue his appeal on the ground that the judges were biased and that their decision had improperly influenced the trial judge’s judgment under appeal; and 2) to accept, as fresh evidence, a Canada Revenue Agency notice of assessment regarding his 2017 and 2018 income tax and his 2019 income tax return.
HELD: The application for the transcript was granted but the application to adduce fresh evidence was dismissed. The court found regarding the first application that an allegation of bias was serious and it was in the interests of justice that the appellant be able to obtain transcripts. With respect to the notices of assessment and income tax return for the years in question, it found that they did not meet the Palmer test.