What is the probative value of similar fact evidence?
Ontario, Canada
The following excerpt is from Repp v. Oracle Canada ULC, 2019 HRTO 510 (CanLII):
The respondents further submit that the probative value of similar fact evidence will significantly decrease in the instance of collusion between the parties who allege similar facts, and that consideration of collusion is a crucial factor to determining admissibility, as collusion rebuts the premise on which admissibility depends: see Farias, above, at para. 162. It is submitted that particular concern arises in cases where the parties who allege similar facts have discussed their respective issues prior to giving evidence: see Israel v. Canada (Canadian Human Rights Commission), 1983 CanLII 6 (CHRT) at para. 7183.
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