What is the test for relevance of evidence in the context of "relevance"?

Ontario, Canada


The following excerpt is from Enns v. Goertzen, 2019 ONSC 4233 (CanLII):

Relevance” is a matter of every day experience and common sense. Evidence that is not logically probative of the fact requiring proof (a fact in issue) is generally inadmissible. To be probative, the evidence must increase or decrease the probability of the truth of the asserted fact to which it is said to relate: see Ontario v. Rothmans Inc., 2011 ONSC 2504, 5 C.P.C. (7th) 112, at para. 110. Indeed, in order for evidence to be “relevant” it must have some tendency, as a matter of logic and human experience, to make the proposition for which it is advanced more likely than the proposition would be in the absence of that evidence: see R. v. J.-L.J., 2000 SCC 51, [2000] 2 S.C.R. 600, at para. 47.

Other Questions


What relevance does relevance exist in the context of relevance? (Ontario, Canada)
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)
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)
Is a witness’s evidence considered in the context of the totality of the evidence? (Ontario, Canada)
How has the BCSC considered the relevance of the relevant historical context in determining just cause? (Ontario, Canada)
Is there any relevant factual evidence in the insurer’s file for subrogated title insurance? (Ontario, Canada)
What is the relevant case law for giving evidence from a third party witness in a personal injury 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)
How have the principals of the Rules of Civil Procedure apply to evidence that contradicts the evidence given by the complainants in their cross-examinations? (Ontario, Canada)
What are the relevant factors for determining an award in the context of matrimonial home matter? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.