What is the test for admitting evidence in a motor vehicle case?

Ontario, Canada

The following excerpt is from Girao v. Cunningham, 2020 ONCA 260 (CanLII):

It is trite law that evidence is admissible if it is relevant to a fact in issue in the case and is not subject to an exclusionary rule. The trial judge also has discretion to refuse to admit evidence where its prejudicial effect would exceed its probative value: Draper v. Jacklyn (1969), 1969 CanLII 6 (SCC), [1970] S.C.R. 92. That case involved graphic photographs of a motorist’s injuries that were admitted at trial. While holding that the photographs were properly admitted, Spence J. said at p. 98: The occasions are frequent upon which a judge trying a case with the assistance of a jury is called upon to determine whether or not a piece of evidence technically admissible may be so prejudicial to the opposite side that any probative value is overcome by the possible prejudice and that therefore he should exclude the production of the particular piece of evidence.

Other Questions

Is there any case law where the defence called no evidence to support the presumption of negligence in a motor vehicle accident case? (Ontario, Canada)
Can a non-expert expert give evidence in a motor vehicle accident case that does not contradict the findings of an expert? (Ontario, Canada)
In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents? (Ontario, Canada)
Does immoveable vehicle defeat the presumption in a motor vehicle accident case? (Ontario, Canada)
What is the devaluation principal in a motor vehicle accident case? (Ontario, Canada)
Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase? (Ontario, Canada)
Can a County Manager be examined for discovery in a motor vehicle accident case? (Ontario, Canada)
In a motor vehicle accident case, is a driver entitled to a reduction in the penalty for careless driving? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
What is the burden of proving causation in a motor vehicle accident case? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.