Can a surreptitious audio recording be admitted into evidence in a voir dire?

British Columbia, Canada


The following excerpt is from WCAT-2015-03320 (Re), 2015 CanLII 95938 (BC WCAT):

For example, in Lam v. Chiu, 2012 BCSC 440, Gray J. held a voir dire to address a surreptitious audio recording that was said to prove the existence of a personal loan between the plaintiff and defendant. Gray J. ultimately permitted the audio recording to be admitted into evidence. She pointed out that the law generally countenances admission of such evidence except in the context of child custody matters or other disputes where an ongoing relationship of trust needed to be maintained. Because the relationship between the plaintiff and defendant did not fall into these categories, and even though Gray J. considered the surreptitious recording as “unfair”, this was insufficient to refuse admittance of otherwise probative and relevant evidence.

Other Questions


Can a surreptitious recording of a meeting be admitted as evidence? (British Columbia, Canada)
Can statements made to doctors as recorded in clinical records qualify as business records? (British Columbia, Canada)
What is the current state of the law on admitting recordings into evidence? (British Columbia, Canada)
What is the test for admitting and admitting certificates in a voir dire? (British Columbia, Canada)
What are the preconditions for admitting records as business records under common law or statute? (British Columbia, Canada)
What is a fresh evidence when a father applies to admit evidence that he did not have at the time of trial? (British Columbia, Canada)
When is evidence of good character not admitted? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
Does the Law Society of Upper Canada require an applicant with a lengthy criminal record to be admitted to the law society? (British Columbia, Canada)
What is the test for admitting evidence of discreditable conduct? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.