What is the effect of inadmissible evidence at trial and on appeal?
British Columbia, Canada
The following excerpt is from Kosturos v. Giusti, 1998 CanLII 5743 (BC CA):
22. In the words of Cartwright J. in Adam v. Campbell, 1950 CanLII 326 (SCC), [1950] 3 D.L.R. 449 at 455 (an appeal by a plaintiff who had been run down by a motorcar driven by the defendant but who had failed, both at trial and on appeal): In the case at bar it is my view that inadmissible evidence, put in on behalf of the respondent, was received. It was, I think, likely to have weight with the jury. I think further that a portion of the charge of the learned trial Judge would tend to cause the jury to give added weight and significance to this inadmissible evidence.
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