Secret Tape Recording Deemed Admissible in BC Civil Lawsuit
From time to time BC Courts struggle with the issue of whether evidence obtained through secret tape recording is admissible in a civil trial. Reasons for judgement were published yesterday by the BC Supreme Court, Vancouver Registry, addressing this topic.
In yesterday’s case (Lam v. Chiu) the Plaintiff sued the Defendant for damages based on unjust enrichment. Prior to trial the Plaintiff had a conversation with the Defendant that he secretly recorded. In the course of the discussion the Defendant arguably acknowledged the alleged debt.
The Plaintiff sought to introduce the secret recording at trial. The Defendant opposed arguing secretly recorded evidence is too prejudicial to be admitted at trial. After thoroughly canvassing several authorities addressing this area of the law Madam Justice Gray found the evidence should be admitted. In doing so the Court provided the following reasons:
 So I am going to summarize the law I have referred to by saying that there is a discretion in the court to exclude evidence where the prejudicial effect outweighs the probative value. There are cases where the court has commented on the practice of recording household conversations between family members and described that as odious. The court has also referred to illegal tape-recording, that is, tape-recordings when no party to the conversation had consented to it being recorded.
 The case before me is not a family case. It is not a case where custody is in issue and it is not a case where the recording took place in the household of a family. The recording, in fact, took place primarily on the street outside Ms. Chiu’s workplace. It is not a case where there is an ongoing relationship of trust between parents.
 This is a situation where the relationship between Mr. Lam and Ms. Chiu has broken down, and there is no need for them to have an ongoing relationship except to resolve the lawsuit before me. It is not a case of a large volume of material. It is a case of one recording. It is not a case where the recording is being put forward to show a general practice of how someone interacts with their children as in the Seddon case. It is a case where there is an allegation about a narrow point, that is, discussion about the existence of a loan.
 I will summarize the factors in this case as follows. First, with respect to probative value, I will say that I have to refer to it for the purposes of considering admissibility and, at this stage, I am not weighing the evidence or making any comment about what weight, if any, should be given to the evidence. In my view, there may be some probative value to the tape-recording. There is some concern about the statement by Ms. Chiu, that, “But I tell you, you want to have the $100,000. No way because you treat me like that. That’s pay for it.” There may also be other utterances by Ms. Chiu giving rise to concern, but that is the one that is most prominent, in my view.
 I also consider the probative value in contrast with what the situation would be if the recording is not admitted. Mr. Lam could testify that he met with Ms. Chiu, demanded the payment of the loan, that she did not deny that it was owing, and she said she had no intention of repaying it. That summary might well be accurate, but it would not give the full flavour of the conversation which is available from considering the recording and the transcript. So there is some probative value to having the full conversation reported as accurately as it can be.
 In terms of prejudice, there clearly is unfairness when one party knows that a conversation is being tape-recorded and the other party does not. That is clear on the evidence and can be taken into account on considering what, if any, weight the evidence ought to be given. Mr. McMillan argued that the context was prejudicial. However, Ms. Chiu can supply any more evidence she chooses about the context of the discussion including any other background and any other concerns about the language.
 The matter which gave me the greatest concern was the question of the impact on the administration of justice of permitting the admission into evidence of a surreptitious recording. I am not sure that I can characterize this surreptitious recording as odious. That was a term used by Mr. Justice Thackray and embraced by other judges, but when they were referring to recordings in a home with an ongoing parental relationship and, as I have said, that does not apply here. Whether it is odious or not, the recording was certainly unfair. It is not criminal because Mr. Lam knew the recording was being made. As I have said, the recording was staged and therefore unfair, but that is apparent from the recording.
 This is a not a clear case. In my view, there is some probative value to admitting the full recording, and the concerns about prejudice are not sufficiently significant that the recording should be excluded from evidence, primarily because any concerns about them are clear on the recording itself.
 So my ruling on the voir dire is that the recording is admissible.
bc injury law, Lam v. Chiu, Madam Justice Gray, surreptitious recording
click for more
I simply want to tell you that I am new to weblog and definitely liked your web page. Almost certainly I’m likely to bookmark your site . You actually come with awesome writings. With thanks for revealing your webpage.
I just want to say I am all new to blogging and definitely enjoyed your page. Probably I’m going to bookmark your blog . You actually come with incredible stories. Bless you for sharing with us your web site.
Usually I don’t learn article on blogs, but I would like to say that this write-up very pressured me to check out and do so! Your writing style has been surprised me. Thank you, very great post.
hello there and thank you for your info – I’ve definitely picked up anything new from right here. I did however expertise some technical points using this web site, since I experienced to reload the site many times previous to I could get it to load properly. I had been wondering if your hosting is OK? Not that I am complaining, but sluggish loading instances times will very frequently affect your placement in google and could damage your quality score if advertising and marketing with Adwords. Anyway I’m adding this RSS to my email and can look out for a lot more of your respective intriguing content. Ensure that you update this again soon..
Your place is valueble for me. Thanks!…
Excellent read, I just passed this onto a friend who was doing a little research on that. And he actually bought me lunch because I found it for him smile So let me rephrase that: Thanks for lunch!
certainly like your website but you have to check the spelling on several of your posts. Several of them are rife with spelling problems and I find it very troublesome to tell the truth nevertheless I’ll certainly come back again.
What i do not realize is in fact how you are not really a lot more smartly-favored than you may be right now. You are very intelligent. You realize therefore considerably on the subject of this matter, made me for my part imagine it from numerous varied angles. Its like men and women are not interested except it is something to do with Woman gaga! Your personal stuffs excellent. At all times maintain it up!
hello!,I like your writing so much! share we communicate more about your post on AOL? I need an expert on this area to solve my problem. Maybe that’s you! Looking forward to see you.
excellent issues altogether, you simply gained a logo new reader. What would you recommend about your publish that you simply made a few days ago? Any sure?
marcel van hooijdonk
I used to be more than happy to seek out this net-site.I needed to thanks on your time for this excellent learn!! I definitely having fun with each little bit of it and I have you bookmarked to check out new stuff you weblog post.
Thank you for sharing superb informations. Your site is so cool. I am impressed by the details that you’ve on this website. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found simply the information I already searched everywhere and just couldn’t come across. What a great web-site.
What i don’t realize is in reality how you’re no longer really much more smartly-liked than you might be right now. You are so intelligent. You already know therefore considerably in terms of this topic, produced me for my part consider it from so many numerous angles. Its like women and men don’t seem to be fascinated until it¡¦s something to accomplish with Lady gaga! Your personal stuffs nice. Always maintain it up!
San Diego Startup
Hello, you used to write wonderful, but the last several posts have been kinda boring¡K I miss your super writings. Past few posts are just a little out of track! come on!
Underground Elephant San Diego
The crux of your writing while appearing agreeable in the beginning, did not really work perfectly with me personally after some time. Somewhere within the paragraphs you were able to make me a believer but just for a very short while. I still have a problem with your leaps in logic and one would do well to fill in all those gaps. If you can accomplish that, I will certainly be fascinated.
Hi just wanted to give you a brief heads up and let you know a few of the pictures aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different web browsers and both show the same results.
situs poker online
Undeniably consider that that you stated. Your favourite justification seemed to be at the internet the simplest factor to consider of. I say to you, I certainly get irked at the same time as other folks consider worries that they just don’t recognise about. You controlled to hit the nail upon the top and also outlined out the entire thing without having side-effects , other folks could take a signal. Will likely be again to get more. Thanks
agen poker online
Great site! I am loving it!! Will come back again. I am bookmarking your feeds also.
I’m not that much of a internet reader to be honest but your sites really nice, keep it up! I’ll go ahead and bookmark your site to come back later. Many thanks
I’d must verify with you here. Which is not one thing I often do! I enjoy reading a put up that will make individuals think. Also, thanks for allowing me to comment!
Howdy! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog article or vice-versa? My website addresses a lot of the same subjects as yours and I believe we could greatly benefit from each other. If you might be interested feel free to send me an email. I look forward to hearing from you! Great blog by the way!
I am always looking online for articles that can assist me. Thank you!
I think other web-site proprietors should take this site as an model, very clean and great user genial style and design, let alone the content. You are an expert in this topic!
מצלמות אבטחה לבית
Keep working ,impressive job!
agen poker online
Thank you a lot for sharing this with all people you actually recognise what you are talking about! Bookmarked. Kindly also talk over with my website =). We may have a link exchange contract between us!
I am not sure where you’re getting your information, but good topic. I needs to spend some time learning more or understanding more. Thanks for great information I was looking for this info for my mission.
I’d should verify with you here. Which is not one thing I often do! I get pleasure from reading a post that can make individuals think. Additionally, thanks for allowing me to comment!
I liked up to you will obtain carried out right here. The cartoon is tasteful, your authored material stylish. nonetheless, you command get bought an impatience over that you would like be handing over the following. ill certainly come further earlier again as exactly the same nearly a lot incessantly inside of case you defend this increase.
It’s a pity you don’t have a donate button! I’d without a doubt donate to this excellent blog! I guess for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to brand new updates and will talk about this website with my Facebook group. Chat soon!
I was just seeking this info for some time. After 6 hours of continuous Googleing, finally I got it in your web site. I wonder what’s the lack of Google strategy that don’t rank this kind of informative sites in top of the list. Generally the top web sites are full of garbage.
затворы sung do
Hey this is kind of of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding knowledge so I wanted to get advice from someone with experience. Any help would be greatly appreciated!
There are actually a whole lot of details like that to take into consideration. That is a nice level to convey up. I provide the thoughts above as general inspiration but clearly there are questions just like the one you convey up the place an important factor might be working in honest good faith. I don?t know if greatest practices have emerged round things like that, but I’m sure that your job is clearly identified as a fair game. Both boys and girls feel the impact of only a moment’s pleasure, for the remainder of their lives.
It’s the best time to make some plans for the future and it’s time to be happy. I have read this put up and if I may I wish to counsel you some interesting issues or advice. Maybe you can write subsequent articles relating to this article. I want to learn even more things about it!
Thanks for every one of your hard work on this website. Betty loves going through investigation and it’s really easy to see why. Almost all know all relating to the compelling means you make both useful and interesting suggestions on the web blog and therefore boost response from some other people on this content then our own daughter is really understanding so much. Enjoy the remaining portion of the year. Your doing a superb job.
I was looking at some of your posts on this website and I think this website is very instructive! Keep on posting.
I additionally believe that mesothelioma cancer is a rare form of cancer that is normally found in people previously subjected to asbestos. Cancerous tissue form inside mesothelium, which is a protecting lining which covers the vast majority of body’s areas. These cells generally form in the lining from the lungs, abdomen, or the sac which encircles one’s heart. Thanks for giving your ideas.
Social Media Marketing Wien
Digital Marketing Wien
Hello my family member! I wish to say that this post is amazing, nice written and include approximately all important infos. I would like to peer more posts like this .
Hey, you used to write great, but the last few posts have been kinda boring¡K I miss your super writings. Past few posts are just a little bit out of track! come on!
You really make it seem so easy with your presentation but I find this matter to be actually something that I think I would never understand. It seems too complex and very broad for me. I’m looking forward for your next post, I will try to get the hang of it!
I’ve been exploring for a little bit for any high-quality articles or blog posts on this kind of area . Exploring in Yahoo I ultimately stumbled upon this website. Reading this information So i’m glad to convey that I’ve a very just right uncanny feeling I found out just what I needed. I most undoubtedly will make sure to don’t forget this website and provides it a look on a continuing basis.
I am very happy to read this. This is the kind of manual that needs to be given and not the accidental misinformation that’s at the other blogs. Appreciate your sharing this greatest doc.
Great web site. A lot of useful information here. I’m sending it to several friends ans also sharing in delicious. And certainly, thanks for your effort!
I’ve been absent for some time, but now I remember why I used to love this blog. Thank you, I will try and check back more often. How frequently you update your website?
I¡¦ve been exploring for a little bit for any high-quality articles or blog posts in this kind of space . Exploring in Yahoo I finally stumbled upon this web site. Reading this information So i¡¦m satisfied to exhibit that I’ve a very good uncanny feeling I discovered exactly what I needed. I so much definitely will make sure to don¡¦t put out of your mind this website and provides it a look regularly.
Hello, i think that i saw you visited my site so i came to “return the favor”.I am trying to find things to improve my web site!I suppose its ok to use some of your ideas!!
Enjoyed examining this, very good stuff, regards . “I will do my best. That is all I can do. I ask for your help-and God’s.” by Lyndon B. Johnson.
My brother recommended I might like this website. He was entirely right. This post truly made my day. You cann’t imagine just how much time I had spent for this information! Thanks!
Just beneath, are various absolutely not associated web sites to ours, however, they are surely worth going over.
watch game of thrones free
Please let me know if you’re looking for a author for your site. You have some really good articles and I think I would be a good asset. If you ever want to take some of the load off, I’d really like to write some content for your blog in exchange for a link back to mine. Please send me an e-mail if interested. Many thanks!
watch game of thrones free
I think this is among the most important information for me. And i’m glad reading your article. But want to remark on some general things, The website style is ideal, the articles is really nice : D. Good job, cheers
Hello there! I know this is kinda off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having problems finding one? Thanks a lot!
You really make it appear really easy together with your presentation but I to find this matter to be really one thing that I think I would by no means understand. It sort of feels too complicated and extremely vast for me. I am taking a look forward on your next post, I will try to get the dangle of it!
I together with my buddies have been looking at the excellent secrets located on your website while then I had an awful suspicion I never thanked the website owner for those strategies. Most of the guys are actually so joyful to read through them and have in effect sincerely been taking pleasure in these things. Appreciate your really being simply thoughtful and also for selecting this kind of fantastic subject matter most people are really needing to be informed on. My very own sincere regret for not expressing gratitude to earlier.
I was very pleased to find this net-site.I wanted to thanks for your time for this excellent read!! I undoubtedly having fun with every little little bit of it and I have you bookmarked to check out new stuff you blog post.
hello!,I really like your writing so a lot! proportion we communicate more about your article on AOL? I need a specialist in this area to solve my problem. May be that is you! Looking forward to look you.
I’m truly enjoying the design and layout of your website. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a designer to create your theme? Superb work!
There are some interesting time limits in this article but I don’t know if I see all of them middle to heart. There’s some validity but I will take maintain opinion till I look into it further. Good article , thanks and we would like extra! Added to FeedBurner as effectively
Oferty Pracy Opieka Nad Osobami Starszymi
I really appreciate this post. I’ve been looking everywhere for this! Thank goodness I found it on Bing. You have made my day! Thanks again!
Wonderful site. Plenty of useful information here. I’m sending it to a few friends ans additionally sharing in delicious. And obviously, thank you in your sweat!
Some truly nice and utilitarian information on this site, besides I conceive the layout holds superb features.
Fantastic site. A lot of useful info here. I am sending it to a few friends ans also sharing in delicious. And obviously, thanks for your effort!
Howdy! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in exchanging links or maybe guest authoring a blog post or vice-versa? My site discusses a lot of the same subjects as yours and I believe we could greatly benefit from each other. If you are interested feel free to shoot me an email. I look forward to hearing from you! Wonderful blog by the way!
Hi, i feel that i saw you visited my website thus i got here to “return the want”.I am trying to find things to improve my website!I guess its ok to use some of your concepts!!
Howdy would you mind stating which blog platform you’re working with? I’m going to start my own blog soon but I’m having a difficult time selecting between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something completely unique. P.S Sorry for getting off-topic but I had to ask!
Today, while I was at work, my cousin stole my apple ipad and tested to see if it can survive a 30 foot drop, just so she can be a youtube sensation. My apple ipad is now broken and she has 83 views. I know this is entirely off topic but I had to share it with someone!
Very interesting details you have observed , regards for posting . “The surest way to get rid of a bore is to lend money to him.” by Paul Louis Courier.
dj taydeville ft lil jay from crime
Hello, you used to write excellent, but the last several posts have been kinda boring¡K I miss your tremendous writings. Past few posts are just a little out of track! come on!
dj taydeville ft lil jay from crime
I am just commenting to make you know of the remarkable experience my cousin’s princess undergone studying yuor web blog. She discovered so many things, including what it’s like to possess an ideal giving spirit to have many people just have an understanding of various complex matters. You actually exceeded my expectations. Thanks for coming up with such informative, trustworthy, explanatory not to mention easy thoughts on that topic to Lizeth.
Generally I don’t read article on blogs, however I would like to say that this write-up very compelled me to take a look at and do it! Your writing style has been surprised me. Thank you, very great post.
I as well as my pals ended up looking through the great tips and hints found on your web blog and then quickly got a horrible suspicion I never thanked the web site owner for them. Most of the people ended up so thrilled to read through all of them and now have simply been using them. Appreciate your turning out to be very kind and for considering this form of cool subject areas most people are really wanting to discover. My personal honest regret for not expressing appreciation to you earlier.
What i don’t realize is actually how you are not actually much more neatly-appreciated than you might be right now. You are very intelligent. You recognize therefore significantly in the case of this subject, produced me in my view believe it from numerous various angles. Its like men and women aren’t interested unless it’s one thing to accomplish with Lady gaga! Your personal stuffs excellent. Always take care of it up!
But wanna remark on few general things, The website style and design is perfect, the written content is very wonderful : D.
Thank you for the good writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! However, how could we communicate?
best blow job tricks
Wonderful story, reckoned we could combine a number of unrelated data, nevertheless really really worth taking a search, whoa did one understand about Mid East has got additional problerms also
best cordless drill
that would be the end of this article. Here you will discover some sites that we think youll value, just click the links over
Thank you for sharing superb informations. Your web-site is very cool. I am impressed by the details that you’ve on this blog. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found just the information I already searched everywhere and just couldn’t come across. What a perfect site.
hello!,I like your writing so much! share we communicate more about your post on AOL? I need a specialist on this area to solve my problem. Maybe that’s you! Looking forward to see you.
I have read a few good stuff here. Definitely value bookmarking for revisiting. I wonder how so much attempt you set to create any such wonderful informative web site.
naturally like your website but you need to check the spelling on several of your posts. Several of them are rife with spelling issues and I find it very bothersome to tell the truth nevertheless I’ll surely come back again.
Just beneath, are quite a few completely not related web pages to ours, having said that, they may be certainly worth going over.
Good write-up, I am normal visitor of one’s blog, maintain up the nice operate, and It’s going to be a regular visitor for a lengthy time.
I believe that avoiding packaged foods is the first step to be able to lose weight. They can taste beneficial, but prepared foods include very little vitamins and minerals, making you try to eat more simply to have enough electricity to get over the day. For anyone who is constantly consuming these foods, switching to whole grain products and other complex carbohydrates will help you to have more vigor while eating less. Interesting blog post.
Serwis Internetowy Gorzow
I truly enjoy reading through on this web site , it holds great posts . “Violence commands both literature and life, and violence is always crude and distorted.” by Ellen Glasgow.
Seo Google Gorzow
You have brought up a very superb points , thankyou for the post.
below you will uncover the link to some web-sites that we feel you ought to visit
Thank you, I have recently been looking for info about this topic for ages and yours is the best I have discovered so far. But, what about the conclusion? Are you sure about the source?
Good day! Do you know if they make any plugins to protect against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any tips?
You are a very bright person!
pembesar penis alami
Hello. Great job. I did not anticipate this. This is a great story. Thanks!
pembesar alat vital alami
hello!,I love your writing so much! proportion we keep up a correspondence more about your article on AOL? I need an expert in this area to unravel my problem. Maybe that is you! Looking ahead to see you.
Comments are closed.