What is the test for determining prejudicial effect of evidence in a personal injury case?

Ontario, Canada


The following excerpt is from R. v. Asling, 2011 ONCJ 838 (CanLII):

2. The judge must determine the prejudicial effect of the evidence because of its tendency to prove matters which are not in issue [or I add because of the risk that the jury may use the evidence improperly to prove a fact in issue]. 3.The judge must balance the probative value against the prejudicial effect having regard to the importance of the issues for which the evidence is legitimately offered against the risk that the jury will use it for other improper purposes, taking into account the effectiveness of any limiting instructions. Reference: R v. P.R., supra;

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