What is the test for admitting a video where there is evidence that the video was selectively edited?
Ontario, Canada
The following excerpt is from Scarlett v. Farrell, 2014 ONCJ 517 (CanLII):
Mother relied on the case of Zinyama-Mubili v. Mubili, 2010 ONSC 3928 CarswellOnt 4935 for the proposition that videos ought not to be admitted into evidence where there is evidence that the videos have been selectively edited in such a way as to suit the purposes of the party taking those videos. I agree that if that if there was evidence of selective editing, or if the videos were otherwise a misrepresentation of what actually occurred, the court will be reluctant to admit them into evidence. However, no such evidence exists in this case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
Is there any case law where a defendant admitted using video evidence? (Ontario, Canada)
What impact would the inclusion of the evidence in the context of section 24(2) of the Charter under which the evidence is excluded? (Ontario, Canada)
What is the test for admitting evidence in a sexual assault case? (Ontario, Canada)
What is the test for admitting fresh evidence on appeal? (Ontario, Canada)
In determining whether an employer has led sufficient evidence to give rise to a practical evidentiary burden, what is the test for this type of evidence? (Ontario, Canada)
How have the principals of the Rules of Civil Procedure apply to evidence that contradicts the evidence given by the complainants in their cross-examinations? (Ontario, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
Can a conclusion or opinion from a witness be admitted as non-expert opinion evidence? (Ontario, Canada)
What is the test for admitting or denying a grievor's evidence at a grievance arbitration? (Ontario, Canada)
