Sentences with phrase «probative value of this information»

Generally speaking, the considerations for the court on this type of application include the probative value of the information sought, privacy concerns, potential prejudice to the plaintiff and proportionality: Cui at para. 9.

Not exact matches

In US v. Mitchell, No. 09 - 3041, the court of appeals affirmed defendant's conviction for money laundering conspiracy, holding that 1) the indictment was not so defective that defendant could not have reasonably understood the offense for which he was charged; and 2) defendant did not show that the danger of unfair prejudice substantially outweighed the probative value of certain tax information.

[57] The information sought by the defence in this case may have significant probative value in relation to the plaintiff's past and future wage loss, and the value of production is not outweighed by competing interests such as confidentiality and the time and expense required for the party to produce the documents.

The judge or justice must also take the following factors into consideration when making their determination; the extent to which the records are required for the accused to make a full and complete defense, the probative value of the records, the nature and extent of the reasonable expectation of privacy with respect to the personal information contained in the record, whether production of the record is based on a discriminatory belief or bias, the potential prejudice to personal dignity the complainant or witness will experience if the record is produced, society's interest in encouraging individuals to obtain treatment after being sexually assaulted, society's interest in encouraging sexual assault victims to report the assault and the effect of the determination on the integrity of the trial process.

The judge shall take the following factors into consideration: the probative value of the records, the extent to which the records are needed for the accused to make a full defense, whether production of the record is based on a discriminatory belief or bias, the nature and extent of the reasonable expectation of privacy with respect to the information contained in the record, the potential prejudice to personal dignity the complainant or witness would suffer if the record was produced, society's interest in encouraging sexual assault victims to come forward, society's interest in encouraging individuals to obtain treatment after being sexually assaulted and the effect of the determination on the integrity of the trial process.

If I am wrong on the question of probative value, then I find that the production of this information, including all that would be entailed in protecting the privacy rights of third parties, is not proportionate to the issues to be determined at trial.