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In Dermann v. Baker (Ont CA, 2019) the Court of Appeal
[paras 5-12: expert witnesses, the new RCP rules]


In Curley v. Taafe (Ont CA, 2019) the Court of Appeal stated as follows on
. evidence / browne v dunne / para 27,31-32
. evidence / judicial notice / 36
. evidence / mitigation / 38

In R. v. Forrester (Ont CA, 2019) the Court of Appeal ...
Evidence - Rule in Browne v Dunne para 34

In R v Nurse (Ont CA, 2019) the Court of Appeal
Evidence - Hearsay - Dying Declaration/Spontaneous Utterances/Rare Case/Principled Approach
[para 54-110]

Evidence - Affidavits
Chatha v. Johal (Ont CA, 2018)

Evidence - Credibility
Appeals - Grounds - Failure to Make Findings of Credibility

Evidence - Parole Evidence - Contracts

Evidence - Civil - No Immunity from Disclosure of Crown Criminal Evidence

Evidence - Hearsay - Basics

Evidence - Prior Consistent Statements - Basics

Evidence - Opinion - Basics

Evidence - Fresh Evidence

Evidence - Parol Evidence Rule

Evidence - Expert Evidence

Evidence - Settlement Privilege

Evidence - Privilege - Informer

Evidence - Privilege - Public Interest

Evidence - Expert Witnesses

Evidence - Similar Facts

Evidence - Admissions by Third Parties Adopted by a Party through their Silence

Evidence - Hearsay



Evidence - Discovery - Use of at Trial

Evidence - Expert - Hearsay Content

Evidence - Relevance

Evidence - Prior Consistent Statements

Evidence - Similar Fact

Evidence - Relevance

Evidence - Admissibility - Prejudice

Evidence - Failure to Adduce - Adverse Inference

Evidence - Settlement Privilege - Public Interest Exception

Evidence - Demeanour Evidence

Evidence - Expert Opinion

Evidence - Witnesses - Competency

Evidence - Witnesses - Compellability

Evidence - Privilege

Evidence - Spousal Incompetence Rule - Common Law Relationships

Evidence - Identification

Evidence - Rule in Browne v Dunne (Impeachment)

Evidence - Expert Opinion

Evidence - Documentary - Trial Practice for Admission

Evidence - Documentary - Medical Reports are not Business Records

Evidence - Privilege

Evidence - Experts

Evidence - Hearsay - Res Gestae Exception

Evidence - Expert Opinion

Evidence - Judicial Notice


Evidence - Use of Pleadings from Other Proceedings

Evidence - Testimonial - Unsworn Oral Testimony Given In Court

Evidence - Litigation Privilege

Evidence - Solicitor-Client Privilege

Evidence - Expert Evidence

Evidence - Oath-Helping

Evidence - Hearsay - Judicial Records

Evidence - Expert Opinion

Evidence - Credibility - Uneven Scrutiny

Evidence - Judicial Speculation

Evidence - Credibility - Reasons

Evidence - Solicitor-Client Privilege - Waiver

Evidence - Hearsay - Necessity Exception

Evidence - Hearsay - Past Recollection Recorded Exception

Evidence - Expert Evidence - Summary Judgment

Evidence - Character Evidence

Evidence - Solicitor-Client Privilege

Evidence - Hearsay - Principled Exception


Evidence - Hearsay

Evidence - Hearsay - Documents in Possession Rule

Evidence - Similar Facts - Collusion

Evidence - Eyewitness

Evidence - Identification

Evidence - Relevance

Evidence - Circumstantial - Motive

Evidence - Similar Fact Evidence

Evidence - Hearsay - Principled Exception - Corroboration

Evidence - Fresh Evidence on Appeal

Evidence - Collateral Fact Rule

Evidence - Collateral Fact Rule

Evidence - Hearsay - Exception - Necessary and Reliable

Evidence - Rule in Browne v Dunn

Evidence - Rule in Browne v Dunn

Evidence - Collateral Fact Rule

Evidence - Hearsay Exclusion - Co-conspirators Exception

Evidence - Relevance - General

Evidence - Post-Offence Conduct

Evidence - Expert Reports - Practice



Evidence - Basics

Evidence - Opinion Rule

Evidence - Browne v Dunn



Evidence - Hearay - State of Mind Exception
R v Cote (Ont CA, 2018)

Evidence - Adverse Inference from Failure to Call Witness
R v D.E.

Evidence - Expert Opinion - Litigation v Participant Experts
Evidence - Expert Opinion - Admissibility
Imeson v. Maryvale (Maryvale Adolescent and Family Services)


===== EVIDENCE

------------------ Evidence / leadings cases on similar fact evidence

[21] In his reasons for judgment, the trial judge explained his similar fact ruling. After reviewing the principles established by R. v. Arp, 1998 CanLII 769 (SCC), [1998] 3 SCR 339 and R. v. Handy, 2002 SCC 56 (CanLII), [2002] 2 S.C.R. 908, he ruled as follows:

------------------ Evidence / leading case on similar fact evidence

R. v. Handy, 2002 SCC 56 (CanLII), [2002] 2 S.C.R. 908

-------------------------------- Evidence

presumption on 'spoiliation' of evidence if against party controlling it http://www.canlii.org/en/on/onca/doc/2015/2015onca170/2015onca170.html

---------------------------- EVIDENCE

48. Reid v. R.L. Johnston Masonry Inc., 2009 CanLII 30452 (ON SCDC) - an expert witness should not be a party or an advocate for a party, they must be independent

50. Coffee Time Donuts Incorporated v. Toshi Enterprises Ltd, 2008 CanLII 68167 (Ont Div Ct, 2008) - while a party's failure to call an otherwise available witness may result in a negative inference against them, such inferences must be logically generated from the issue and the circumstances of the case; a finding a causation (of a fire) against an absent party was not warranted

. R v Basi (SCC, 2009) - informer privilege
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