What is the test for exclusion of evidence in a professional misconduct case?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Isaac, 2018 ONLSTH 125 (CanLII):
As was recently held in Law Society v. Cusack:[17] … the exclusion of evidence was related entirely to questions pertaining to the substantive allegations underlying the complaints. Since the issue before the Chair was limited to whether or not the appellant had committed professional misconduct by failing to co-operate in respect of two separate investigations, the underlying merits of the complaints were irrelevant to the issue to be determined and, therefore, properly excluded.
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