The respondent father cross-appealed, arguing that the trial judge erred in reducing child support payable to him by $ 350 per month on account of access costs when the mother had not
tendered any evidence at trial regarding her access costs.
With respect to (2), the ONCA noted that the wife had
tendered evidence at trial that her costs of disposition of her shares was approximately $ 364K, incurred approximately two years after the date of separation when she sold her shares to the husband.
Not exact matches
In the course of the
trial, the prosecution
tendered in a post-mortem report of the MP, Forensic DNA Report, Blood stained T - shirt of Asiedu, a knife used by Asiedu, the three iPhones of the deceased, Asiedu's pair of slippers which he left
at the crime scene, his prison records, and radiology report determining his age, his medical report, all as
evidence to prosecute him.
At trial we
tendered expert
evidence from an occupational therapist, as to the substantial expenses required to allow D. to live a reasonably normal and comfortable life.
If an attempt is made to
tender that
evidence at the new
trial, a voir diremay be required to determine whether it is sufficiently reliable to warrant its reception.
(46) If otherwise admissible, the
evidence given on an examination for discovery by a party... may be
tendered in
evidence at trial by any party adverse in interest, unless the court otherwise orders, but the
evidence is admissible against the following persons only:
Nevertheless, the ONCA summarily dismissed the appeal noting that wife had not given any notice of her intention to rely on a psychiatric report in advance of
trial, and had not sought to
tender any fresh
evidence on appeal to support her argument that psychiatric
evidence would have assisted in the assessment of her
evidence at trial.
The Court of Appeal was not persuaded that the fresh
evidence sought to be
tendered on appeal by the appellant, if admitted
at trial, would have yielded a different outcome.