What is the probative value of evidence at trial?
British Columbia, Canada
The following excerpt is from R. v. Greenhalgh, 2010 BCSC 1606 (CanLII):
An important factor to consider when assessing probative value is the opportunity for collusion: R v. Shearing, 2002 SCC 58, at para 40: The theory of similar fact evidence turns largely on the improbability of coincidence. Collusion, by offering an alternative explanation for the “coincidence” of evidence emanating from different witnesses, destroys its probative value, and therefore the basis for its admissibility.
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