What is the current state of the law in Ontario when it comes to determining the relevance of evidence in a trial?

California, United States of America


The following excerpt is from The People v. Atlas, Ct. No. FVA701479, G040611 (Cal. App. 2010):

Our review is limited. "Under Evidence Code section 352, the trial court enjoys broad discretion in assessing whether the probative value of particular evidence is outweighed by concerns of undue prejudice, confusion or consumption of time. [Citation.] Where, as here, a discretionary power is statutorily vested in the trial court, its exercise of that discretion 'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]'" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)

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