Can a secretly recorded conversation be used in a personal injury trial?
Ontario, Canada
The following excerpt is from Palod v. MacDonald, 2018 ONCJ 507 (CanLII):
The Ontario Court of Appeal in the case of Sordi v. Sordi [3] affirmed that a trial judge has the discretion to determine if taped conversations should be admissible taking into account “the sound public policy of trying to discourage the use of secretly recorded conversations in family proceedings” but also a trial judge needs to assess “the probative value of the tapes in relation to the issues”.
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