What is the test for a motion to exclude evidence as to the standard of care?
British Columbia, Canada
The following excerpt is from Law v. Ma, 2018 BCCA 439 (CanLII):
The respondents say that the judge did not err in granting the no-evidence motion in the absence of any evidence as to the standard of care. As for the fresh evidence application, the respondents say the evidence does not meet the test for admissibility of such evidence as set out in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759.
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