Can a party who meets the principled exception to the hearsay rule remove the exclusionary features as a barrier to admissibility?

Ontario, Canada


The following excerpt is from Her Majesty the Queen v. King, 2012 ONSC 5073 (CanLII):

A party who meets the requirement of a principled exception to the hearsay rule removes the exclusionary features as a barrier to admissibility but as Watt J.A. stated: “…But ascension over one barrier to admissibility does not preordain reception. A trial judge has a residual discretion to exclude otherwise admissible evidence, including admissible hearsay, where its impact on the trial process (cost) exceeds its value to the correct disposal of the litigation at hand (benefit). The prejudicial effect of the evidence may overwhelm its probative value. Introduction of the evidence may involve a significant expenditure in time, not commensurate with the value of the evidence. The evidence may mislead because its effect on a trier of fact, especially a jury, may be disproportionate to its reliability.” R v. Candir (2009)ONCA 915 at para 59

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