What is the scope of the evidence of undercover officers giving evidence at a civil trial?

Ontario, Canada


The following excerpt is from Ault v. Canada (Attorney General), 2007 CanLII 55361 (ON SC):

It is anticipated that the evidence of the undercover officers will be very brief. The audiotapes are not lengthy. All should [page553] be completed in approximately a day. This is not unreasonable in a trial lasting eight weeks. The plaintiffs and Third Parties are not surprised by this evidence; they had copies of the transcripts of the audiotapes well before the trial. The evidence is not overly technical or complicated. The court is well able to appreciate the differences between the circumstances portrayed by the audiotapes and the circumstances relating to the plaintiffs. Aside from the points already mentioned, including the concerns raised previously regarding the rule in Browne v. Dunn, the plaintiffs and the Third Parties have not identified other reasons as to why the admission of this evidence would be prejudicial to the fact-finding exercise.

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