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Evidence

The practice of law is a lot like doing algebra. The legal rules are the formulae and the facts are the variables and numbers. You plug the facts into the applicable rules and you get a legal result: breach of contract or not, tort or not, guilty or not guilty, etc.

Evidence is the raw material of facts, the things that lawyers present to the court in the hope that they will be granted the coveted status of 'facts'. They are 'fact candidates'. When evidence is filtered through the scrupulous rules of evidence, the survivors are 'facts'.



A. EVIDENCE - GENERAL

General
Ontario Evidence Statute Law



B. BASIC EVIDENCE CONCEPTS

Credibility
Relevance
Materiality
Probative
Compellability
Competency
Prejudice
Circumstantial Evidence
Motive
Onus of Proof



C. HEARSAY

Hearsay - Basics

Hearsay - Principled Exception (Necessity and Reliability) | Part II
Hearsay - Res Gestae Exception
Hearsay - State of Mind Exception
Hearsay - Dying Declaration Exception
Hearsay - Judicial Records Exception
Hearsay - Past Recollection Recorded Exception
Hearsay - Co-conspirators Exception
Hearsay - Documents in Possession Exception



D. PRIVILEGE

Privilege - General

Litigation Privilege
Solicitor-Client Privilege
Litigation and Solicitor-Client Privilege Contrasted
Settlement Privilege
Spousal Privilege
Informer Privilege
Public Interest Privilege
Absolute Privilege



E. EXPERT EVIDENCE

Expert Opinion - Basics

Expert Opinion - Criteria
Expert Opinion - Necessity
Expert Opinion - Expert Report (Participation v Litigation Experts)
Expert Opinion - Duties of Impartiality and Independence
Expert Opinion - The 'Ultimate Issue'
Expert Opinion - Hearsay
Experts - Non-Opinion Evidence



F. OTHER SPECIFIC RULES

Polygraph Evidence
Spoliation of Evidence
Prior Consistent Statements
Prior Inconsistent Statements
Browne v Dunn
Judicial Notice
Parole Evidence
Similar Facts | Handy
Failure to Adduce
Demeanour
Identification
Character Evidence
Collateral Fact Evidence
Assertive Conduct
Post-Offence Conduct
Oath-Helping
Litigation Documents
Child Witnesses
Criminal Records



G. EVIDENCE PRACTICE

Affidavits
Discovery
Testimony
Trial
Summary Judgment








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