If a recording is probative to an issue, is that recording of the issue probative?
Ontario, Canada
The following excerpt is from L.D. v. A.E., 2020 ONCJ 417 (CanLII):
Even if a recording is probative to an issue, not every recording will be equally probative. For example, while Spence J. admitted the recordings in Scarlett v. Farrell, at ¶ 48 he found that they only had “some probative value”. In that case, Spence J. also found that the recordings had not been surreptitiously made. Had they been, Spence J. said he would not have admitted the recordings.
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