[13] Ms. Liu has not brought a fresh evidence motion. If Ms. Liu had brought a motion to adduce fresh evidence on this motion, she would have had to establish the following:
a. The evidence could not have, through the exercise of due diligence, been presented at the hearing before the motion judge;
b. The evidence is reasonably capable of belief;
c. The evidence is relevant to a potentially decisive issue on the motion; and
d. The fresh evidence, if believed, likely would have affected the result of the motion: R. v. Palmer, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759, Alghaithy v. University of Ottawa, 2011 ONSC 5879 (Div. Ct) at para. 31.
[14] Even if Ms. Liu had brought a fresh evidence motion, she has not explained why she could not have filed the evidence she now seeks to adduce as part of the record before the motion judge. She has also not established that the fresh evidence likely would have altered the motion judge’s assessment of the merits of her application for judicial review. ....
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