in a civil case, the trial judge can exclude evidence tendered by which party on the basis that its prejudicial effect outweighs its probative value?
The plaintiff.
The defendant.
Either party.
In R v Seaboyer, the method by which the judges determine the constitutionality of sections 276 and 277 is
Whether the provisions exclude irrelevant evidence.
Whether the provisions exclude evidence where the prejudicial effect outweighs the probative value.
Whether the provisions exclude evidence where the probative value is not substantially outweighed by its potential prejudice.
