Talk:Test to Set-Aside a Default Judgement: Difference between revisions
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R. v. Korevaar, 2009 CanLII 42456 (ON SC)<ref name="Korevaar"/> | R. v. Korevaar, 2009 CanLII 42456 (ON SC)<ref name="Korevaar"/> | ||
::[20] I agree with the Crown’s submission that in order to show that Mr. Korevaar’s right to disclosure was violated, <span style=background:yellow>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.</span><ref name="Dickson"/> | ::<i>[20] I agree with the Crown’s submission that in order to show that Mr. Korevaar’s right to disclosure was violated, <span style=background:yellow>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.</span></i><ref name="Dickson"/> | ||
<ref name="Korevaar">R. v. Korevaar, 2009 CanLII 42456 (ON SC), <https://canlii.ca/t/25584>, retrieved on 2022-12-07</ref> | <ref name="Korevaar">R. v. Korevaar, 2009 CanLII 42456 (ON SC), <https://canlii.ca/t/25584>, retrieved on 2022-12-07</ref> | ||
Latest revision as of 21:56, 20 February 2023
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
