Talk:Test to Set-Aside a Default Judgement
From Riverview Legal Group
An Overview of Concepts
Potential Prejudice
R. v. Korevaar, 2009 CanLII 42456 (ON SC)[1]
- [20] I agree with the Crown’s submission that in order to show that Mr. Korevaar’s right to disclosure was violated, he must satisfy the court that there was a reasonable possibility that the undisclosed material could have been used in meeting the case for the Crown, or in advancing his defence, and that the non-disclosure could affect the fairness of his trial. This is the meaning of prejudice in the context of this analysis.[2]
References
- ↑ 1.0 1.1 R. v. Korevaar, 2009 CanLII 42456 (ON SC), <https://canlii.ca/t/25584>, retrieved on 2022-12-07
- ↑ 2.0 2.1 R. v. Dickson, (supra), at paras. 22 and 33; R. v. Grant, [2002] O.J. No. 4008 (O.C.A.) at para. 3
