What is the test for a trial judge to balance probative value against prejudicial effect?

Ontario, Canada


The following excerpt is from R. v. Salifu, 2018 ONSC 6748 (CanLII):

The need for a trial judge to balance probative value against prejudicial effect goes back at least to the civil case of Draper v. Jacklyn, 1969 CanLII 6 (SCC), [1970] S.C.R. 92, 9 D.L.R. (3d) 264. In that case, the court held that photographs tendered before the jury at trial were inflammatory and required a new trial.

Other Questions


What is probative value and prejudicial effect in the context of lyrics in a song? (Ontario, Canada)
If a property has been valued at a fair value after the date of a valuation date, can the value of the property change from its original valuation date to its current value? (Ontario, Canada)
Is a trial judge required to review all the evidence at trial? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
What is the effect of the trial judge's decision not to award damages in a personal injury case? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
What is the effect of a trial judge's charge as to the complaint? (Ontario, Canada)
How has the trial judge reviewed the evidence at a jury trial? (Ontario, Canada)
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.