This case provides a good review about the admissibility in family law court proceedings of surreptitiously obtained evidence (e.g. recordings made without the other person's knowledge or permission):
DeGiorgio v. DeGiorgio 2020 ONSC 1674
https://www.canlii.org/en/on/onsc/do...0onsc1674.html
In short, a court will generally balance the probative value of the evidence against its prejudicial effects.
Generally, surreptitiously obtained evidence will be found to be quite prejudicial, and so will only be admitted in narrow circumstances, where there is a lot of probative value.
To look at it another way, it will be very difficult to get surreptitiously obtained evidence admitted in court unless there is a very compelling reason for the court to admit it.
DeGiorgio v. DeGiorgio 2020 ONSC 1674
https://www.canlii.org/en/on/onsc/do...0onsc1674.html
In short, a court will generally balance the probative value of the evidence against its prejudicial effects.
Generally, surreptitiously obtained evidence will be found to be quite prejudicial, and so will only be admitted in narrow circumstances, where there is a lot of probative value.
To look at it another way, it will be very difficult to get surreptitiously obtained evidence admitted in court unless there is a very compelling reason for the court to admit it.
Comment