Section 5 - Erroneous admission or exclusion of evidence

(1) A finding, verdict, judgment or decision shall not be set aside, altered or reversed on appeal or review because of the erroneous admission of evidence unless the erroneous admission of evidence resulted in a substantial miscarriage of justice.

(2) In determining whether an erroneous admission of evidence resulted in a substantial miscarriage of justice, the Court shall consider

(a) whether the trial court relied on that inadmissible evidence, and

(b) whether an objection to, or a motion to exclude or to strike out, the evidence could and should have been made at an earlier stage in the action, and

(c) whether the objection or motion could and should have been so stated as to make clear the ground or grounds of the objection or motion, and

(d) whether the admitted evidence should have been excluded on one of the grounds stated in connection with the objection or motion, and

(e) whether the decision would have been otherwise but for the erroneous admission of evidence.

(3) A finding verdict, judgment or decision shall not be set aside altered or reversed on appeal or review because of the erroneous exclusion of evidence unless,

(a) the substance of the excluded evidence was made known to the Court by the questions asked, by an offer of proof, or by any other means, and

(b) the Court which decides on the effect of the error also determines that the excluded evidence should have been admitted and that the erroneous exclusion of the evidence resulted in a substantial miscarriage of justice.