The defence sought to exclude specific evidence related to the accused's infidelity and attempts to conceal it, arguing its prejudicial impact outweighed its probative value in a circumstantial evidence case involving alleged will forgery.
The Crown contended this evidence was crucial to demonstrate the accused's motive and actions to prevent discovery of the alleged fraud.
The court dismissed the defence's application, finding the evidence highly relevant to the Crown's theory and that any prejudicial effect could be adequately mitigated by proper jury instructions.