Today's Court of Appeal decision in Wiseman v. Home Depot of Canada Inc., 2008 ONCA 706 makes clear just how important it is, should there be a concern about evidence, to make an objection clearly for the record.
Absent an objection it will be almost impossible to ground an appeal on the admission of evidence.
The Court ruled:
[5] As to the admissibility of the statement, it is not clear on the record that Home Depot's counsel (not counsel on the appeal) objected to its admissibility when it was entered into evidence. It is also not clear that the trial judge would necessarily have excluded the statement even if an objection had been made.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
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