Simon looking earnest in Preveza, Greece
Simon Shields, LLB

ONTARIO LEGAL GUIDES
Since 2005

tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law)
/ line fences / animal cruelty / dogs & cats / wild animal law (all Canada) / war / conditions of guide use

home / about / client testimonials / subject areas / about self-representation

Simon Shields,
LLB

Barrister and Solicitor
(Retired)
LSUC #37308N


simonshields@isp.com

Legal Writing and Research



Evidence - Collateral Fact Rule

R v Sanderson (Ont CA, 2017)

Here the Court of Appeal cites the collateral fact rule as follows:
[47] Watt’s Manual of Criminal Evidence (Toronto: Carswell, Thomson Canada Limited, 2002), describes the rule as follows at para. 22.03, p. 265:

The collateral facts rule prohibits the introduction of evidence for the sole purpose of contradicting a witness’ testimony concerning a collateral fact. The rule seeks to avoid confusion and proliferation of issues, wasting of time and introduction of evidence of negligible assistance to the trier of fact in determining the real issues of the case. It endeavours to ensure that the sideshow does not take over the circus. In general, matters that relate wholly and exclusively to the credibility of a non-accused witness are collateral, hence beyond the reach of contradictory evidence.


Lawyer License #37308N / Website © Simon Shields 2005-2018