What is the test for excluding evidence in a hearing?

Ontario, Canada


The following excerpt is from L.D. v. A.E., 2020 ONCJ 417 (CanLII):

It is on this latter quote from Mathews v. Mathews, that mother’s counsel heavily relies in submissions. However, as I will explain, most of the evidence in the recordings is neither reliable, nor does it demonstrate the abuse that the mother’s alleges. The concern about excluding evidence, articulated in Mathews v. Mathews, is not present in this case before me. C. Applicable Legal Principles Concerning Child Hearsay

Other Questions


What impact would the inclusion of the evidence in the context of section 24(2) of the Charter under which the evidence is excluded? (Ontario, Canada)
In what circumstances will the respondent in an extradition hearing be required to summarize the evidence before granting him an evidentiary hearing? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What is the test to be applied in determining whether expert evidence should be excluded on the basis of bias or partiality? (Ontario, Canada)
What considerations must be considered in determining the disposition of a hearing officer’s finding that the penalty imposed by the hearing officer was excessive? (Ontario, Canada)
What is the test for excluding relevant evidence in a medical malpractice case? (Ontario, Canada)
In determining whether an employer has led sufficient evidence to give rise to a practical evidentiary burden, what is the test for this type of evidence? (Ontario, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
In an extradition hearing, in what circumstances will the fugitive be bound by common law exclusionary rules as they apply to foreign evidence? (Ontario, Canada)
What is the burden on the accused to exclude the evidence in the context of the search? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.