Law Society of Ontario (LSO) Paralegal Practice Exam

What must a defendant show at the first stage of a third-party records application?

1. That the records are irrelevant

2. That the info is probative to an issue at trial

3. That the request is justified due to prior acquittal

4. That the prosecutor is biased against them

The correct answer is: That the info is probative to an issue at trial

A defendant must demonstrate that the information from the third-party records is probative to an issue at trial during the first stage of a third-party records application. This requirement emphasizes the necessity for the defendant to establish a connection between the requested records and the matters being adjudicated, suggesting that the records could potentially influence the outcome of the case. Probative value means that the evidence is valuable in proving or disproving a fact that is at issue in the trial. When the information is deemed probative, it signifies that the records are likely to have a genuine impact on resolving the legal questions in the case, thereby justifying the need for the court to consider ordering their disclosure. It reflects the legal principle that evidence must be relevant and helpful to the tribunal's decision-making process.