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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-31-2020, 05:27 PM
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Default Surreptitiously Obtained Evidence

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.
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Old 04-05-2020, 07:50 PM
LovingDad1234 LovingDad1234 is offline
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Thank you Jeff for the excellent resource. This is certainly a concern to many of us....where the ex is constantly in evidence-gathering-mode so they can try to use crap in court as "AHA!! Got you!".

If anything, wouldn't secretly recording the ex look bad on the person doing the action, demonstrating that they are secretive, vindictive and conflict-driven? Rather than becoming a private investigator, wouldn't it look better for an ex to try to deal with an issue head-on rather than NOT address it and simply secretly record it? What they are showing is that they cannot handle issues in a mature way.
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