Is there an obligation of counsel to object to inadmissible evidence in a timely way?
Ontario, Canada
The following excerpt is from Farmer v. Farmer, 2021 ONSC 5913 (CanLII):
Nevertheless, the failure of counsel to object to inadmissible evidence in a timely way is not be an invitation for a trial judge (or an arbitrator) to rely on inadmissible evidence. In Myrvold v. Johnston, 2011 ONSC 830, a case involving the “state of mind” or “present intentions” exception, Goodman J. noted that timely objections about the hearsay evidence were sometimes raised, and sometimes they were not. Still, she still instructed herself as to the proper admissibility and use of such statements. See ¶ 116, 118. Even in the absence of an objection, a judge (or arbitrator) remains the gatekeeper.
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