Heald,
J
(per
curiam):—The
appellant’s
only
submission
before
us
was
that
there
should
be
a
new
trial.
In
our
view,
the
appellant
has
failed
to
establish
any
basis
upon
which
we
would
be
justified
in
ordering
a
new
trial.
The
onus
is
on
the
appellant
to
establish
(a)
that
new
evidence
has
been
found
which
could
not
have
been
discovered
by
the
appellant
by
the
exercise
of
reasonable
diligence.
and
(b)
that,
if
adduced,
such
new
evidence
would
probably,
if
not
almost
conclusively,
establish
facts
that
would
change
the
result
of
the
previous
hearing.
(See,
for
example,
KVP
Company
Limited
v
McKie,
[1949]
SCR
698
at
700,
and
Harding
v
MMI,
[1972]
FC
1153
at
1154.)
There
is
no
evidence
before
us
sufficient
to
meet
either
one
of
these
requirements.
We
would
add
that,
in
our
opinion,
the
findings
of
credibility
of
the
learned
trial
judge
were
amply
justified
on
the
evidence.
The
appeal
must
therefore
be
dismissed
with
costs.
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