Evidentiary Relevance: Contribution to Proving Whether a Disputed Fact Is True or False

Written Statements, Documents and Records

18.02 (1) A document or written statement or an audio or visual record that has been served, at least 30 days before the trial date, on all parties who were served with the notice of trial, shall be received in evidence, unless the trial judge orders otherwise.

(2) Subrule (1) applies to the following written statements and documents:

1.  The signed written statement of any witness, including the written report of an expert, to the extent that the statement relates to facts and opinions to which the witness would be permitted to testify in person.

2.  Any other document, including but not limited to a hospital record or medical report made in the course of care and treatment, a financial record, a receipt, a bill, documentary evidence of loss of income or property damage, and a repair estimate.

[18]  To be received at trial, evidence must be admissible, and the trial judge must not have exercised her discretion to exclude the evidence. To be admissible, evidence must be relevant and not subject to exclusion under any other rules of law or policy (for example, because of privilege).

[19]  For evidence to be relevant, it must have some tendency as a matter of logic and human experience to make the proposition for which it is advanced more likely or less likely than the proposition would be in the absence of the evidence.^[10] This is not a high bar.

[20]  Determining relevance is an exercise in the application of experience and common sense.^[11] Justice Doherty put it this way:

Relevance as explained in these authorities requires a determination of whether as a matter of human experience and logic the existence of "Fact A" makes the existence or non-existence of "Fact B" more probable than it would be without the existence of "Fact A". If it does then "Fact A" is relevant to "Fact B". As long as "Fact B" is itself a material fact in issue or is relevant to a material fact in issue in the litigation then "Fact A" is relevant and prima facie admissible.^[12]

[21]  Relevance on discovery is determined by the pleadings. If even one part of a document is relevant, it must be produced.^[13]  Every document relevant to any matter in issue in an action that is or has been in the possession, power, or control of a party to the action shall be disclosed.^[14] A document may be produced for discovery because it is relevant notwithstanding that it may not be admissible at trial.^[15] A person examined for discovery shall answer any proper question relevant to any matter in issue in the proceeding.^[16]