What is the test for admissibility and weight of evidence in a family law case?

British Columbia, Canada


The following excerpt is from M.C.D. v D.A.D., 2017 BCSC 1832 (CanLII):

Moreover, Mr. Justice Kent’s observations in Walker v. Maxwell, 2014 BCSC 2357 are apt in this case: 64 Of course, one of the stark realities of family law litigation is that the parties are often unrepresented by counsel and/or are unable to afford the substantial cost of experts and the procuring of expert evidence. 65 Evidence in family law cases is subject to the same rules applicable to any other area of civil law. In reality, however, the technical yields to the practical and the strict rules of evidence are often ignored or accorded only slight deference. Nonetheless, the issues of admissibility and weight of evidence come into sharp focus insofar as determining the best interests of the child may be concerned.

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