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ARTICLE · 06 OCTOBER 2015

Pederson V. Saskatchewan: Fresh Evidence Not Permitted In Application For Leave To Appeal

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In an appeal before the Saskatchewan Court of Appeal, can a prospective appellant introduce fresh evidence in support of an application for leave to appeal?

CanadaLitigation, Mediation & Arbitration
Mark Gelowitz
Mark Gelowitz
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In an appeal before the Saskatchewan Court of Appeal, can a prospective appellant introduce fresh evidence in support of an application for leave to appeal? In Pederson v. Saskatchewan (Minister of Social Services), 2015 SKCA 87, the Court concluded that it lacked jurisdiction to consider fresh evidence on an application for leave to appeal.

In Pederson, the prospective appellants sought leave to appeal the Queen's Bench Chambers judge's decision denying certification of a proposed class action on behalf of foster children that had suffered a personal injury while a ward of the Province of Saskatchewan. In support of their application for leave, the prospective appellants sought to introduce as fresh evidence an affidavit sworn by a class member seeking to act as a representative plaintiff in the action.

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