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Evidence
COMMENT
Using evidence in law is a lot like doing algebra. The legal rules are the formulae and the evidence 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. Another way to think about evidence is that it's 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'. When evidence is filtered through the scrupulous rules of evidence, the survivors are 'facts'.
GENERAL
Evidence Dicta - General
ADOPTIVE ADMISSIONS
Evidence Dicta - Adoptive Admissions
ADMISSIBILITY
Evidence Dicta - Admissibility
|||Admissibility, Witness - Crime or Interest [Evidence Act, s.7 (Ontario)]
ADMISSIONS
Evidence Dicta - Admissions
ADVERSE INFERENCES
Evidence Dicta - Adverse Inferences
AFFIDAVITS
Evidence Dicta - Affidavits
AMPLIFICATION
Evidence Dicta - Amplification
APOLOGY ACT
Evidence Dicta - Apology Act
ASSERTIVE CONDUCT
Evidence Dicta - Assertive Conduct
BANK RECORDS
|||Bank Documents, Defined [Evidence Act, s.33(1) (Ontario)]
|||Bank Documents, Copies as Proof [Evidence Act, s.33(2) (Ontario)]
|||Bank Documents, Admissibility Requirements [Evidence Act, s.33(3) (Ontario)]
|||Bank Documents, Not Compellable Other than by this Section Without Court Order [Evidence Act, s.33(4) (Ontario)]
|||Bank Documents, Party Court Application to Inspect; Service [Evidence Act, s.33(5) (Ontario)]
|||Bank Documents, Costs of Court Application on Bank Default or Delay [Evidence Act, s.33(6) (Ontario)]
BUSINESS RECORDS
Evidence Dicta - Business Records [EA s.35 (Ont)]
|||Business Records, Definitions [Evidence Act, s.35(1) (Ontario)]
|||Business Records, Application of Section 35 [Evidence Act, s.35(5) (Ontario)]
|||Business Records, Admissibility; Inspection Right on Seven Days Notice [Evidence Act, s.35(2-3) (Ontario)]
|||Business Records, Factors Effecting Evidentiary Weight [Evidence Act, s.35(4) (Ontario)]
|||Business Records, Where Copies Admissible - Inspection Right on Ten Days Notice; Dispute Procedure [Evidence Act, s.55(1-2) (Ontario)]
CAPACITY ('Capacity' is also addressed in the Mental Health topic.)
|||Capacity, Witness - Crime or Interest [Evidence Act, s.6 (Ontario)]
CHILD WITNESSES
Evidence Dicta - Child Witnesses
|||Testimony, Under 18 - Videotaped [Evidence Act, s.18.3(1-7) (Ontario)]
|||Testimony, Under 18 - Behind Screen or Closed Circuit Television [Evidence Act, s.18.4(1-4) (Ontario)]
|||Testimony, Under 18 - Support Persion [Evidence Act, s.18.5(1-3) (Ontario)]
|||Testimony, Under 18 - Cross-Examination [Evidence Act, s.18.6(1-2) (Ontario)]
CIRCUMSTANTIAL EVIDENCE
Evidence Dicta - Circumstantial Evidence
COLLOQUY
Evidence Dicta - 'Colloquy' [judge-counsel exchange]
COLLUSION
Evidence Dicta - Collusion
COMPELLABILITY
Evidence Dicta - Compellability
|||Compellability, Privilege re Spousal Communication [Evidence Act, s.11 (Ontario)]
|||Compellability - Parties, Principals and Spouses [Evidence Act, s.8(1,2) (Ontario)]
COMPETENCY
Evidence Dicta - Competency
|||Competency, Presumption of at Any Age [Evidence Act, s.18(1) (Ontario)]
|||Competency, Challenge to [Evidence Act, s.18(2,3) (Ontario)]
|||Competency - Parties, Principals and Spouses [Evidence Act, s.8(1,2) (Ontario)]
|||Competency, Under 14 - Where Challenge [Evidence Act, s.18.1(1-3) (Ontario)]
|||Competency, Under 14 - No Corroboration Required [Evidence Act, s.18.2(1,2) (Ontario)]
'CONFIRMATORY' EVIDENCE
Evidence Dicta - 'Confirmatory' Evidence
CREDIBILITY
Evidence Dicta - Credibility (+)
CRIMINAL CONVICTIONS
Evidence Dicta - Criminal Records
|||Criminal Conviction, Proof of Where Denied [Evidence Act, s.22(1) (Ontario)]
|||Criminal Conviction, Proof of [Evidence Act, s.22.1(1-3) (Ontario)]
DEMEANOUR EVIDENCE
Evidence Dicta - Demeanour Evidence
DOCUMENTS (Miscellaneous)
Evidence Dicta - Official Documents
|||Disputed Writings, Court Procedure [Evidence Act, s.57 (Ontario)] [#Fraud]
|||Documents, Where Photographed as Practice [Evidence Act, s.34(1-2,5) (Ontario)]
|||Documents, Impounded in Court [Evidence Act, s.58 (Ontario)]
|||Declaration, Solemn [Evidence Act, s.43 (Ontario)]
|||Official Documents (including statutes), Admission of [Evidence Act, s.25 (Ontario)]
|||Official Documents (proclamations etc), Proof of [Evidence Act, s.26 (Ontario)]
|||Official Documents (Cabinet etc), Admissibility [Evidence Act, s.27 (Ontario)]
|||Official Documents (Gazette), Proof of [Evidence Act, s.28 (Ontario)]
|||Official Documents, Admission of Copies [Evidence Act, s.29 (Ontario)]
|||Official Documents (Cabinet), Privilege [Evidence Act, s.30 (Ontario)]
|||Official Documents (Government Departments and Municipalities), Admission of Copies [Evidence Act, s.31(2) (Ontario)]
|||Official Documents, Certified Copies Admissible on Summons; Delivery of Order [Evidence Act, s.54(1-2) (Ontario)]
|||Public Documents, Admission of Copies [Evidence Act, s.32(1) (Ontario)]
|||Public Documents, Fee for Furnishing [Evidence Act, s.32(2) (Ontario)]
|||Registered Instruments, Definition [Evidence Act, s.53(1) (Ontario)], RA 1 (Ontario)
|||Registered Instruments, Certified Copies are Proof [Evidence Act, s.53(2) (Ontario)]
|||Registered Instruments, Copy Procedure Where Proof of Instruments Required; Where Objection [Evidence Act, s.53(3) (Ontario)]
|||Vendor and Purchaser Act s.1 Evidence Dispensed With in Action [Evidence Act, s.59 (Ontario)]
EITHER/OR ADMISSION ERROR
Evidence Dicta - Error of Either/Or Admission of Competing Evidence
ELECTRONIC RECORDS
|||Electronic Records, Definitions [Evidence Act, s.34.1(1) (Ontario)]
|||Electronic Records, Application of Section 34.1 [Evidence Act, s.34.1(2-3) (Ontario)]
|||Electronic Records, Authentication Burden of Proof [Evidence Act, s.34.1(4) (Ontario)]
|||Electronic Records, Best Evidence Rule and 'Integrity' [Evidence Act, s.34.1(5-11) (Ontario)]
ESTOPPEL CERTIFICATE
Evidence Dicta - Estoppel Certificate
EVIDENCE ACT (ONTARIO)
|||Evidence Act, Definition [Evidence Act, s.1 (Ontario)]
|||Evidence Act, Application [Evidence Act, s.2 (Ontario)]
EXTRINSIC EVIDENCE
Evidence Dicta - Extrinsic Evidence
FAILURE TO ADDUCE
Evidence Dicta - Failure to Adduce
FOREIGN LAW
Evidence Dicta - Foreign Law
GATE-KEEPING
Evidence Dicta - Gate-Keeping (Judicial and Adjudicator)
HAND-WRITING
Evidence Dicta - Hand-writing
HEARSAY
Evidence Dicta - Hearsay - Basics (+)
Evidence Dicta - Hearsay - Principled Exception (Necessity and Reliability) (+)
Evidence Dicta - Hearsay - State of Mind Exception
Evidence Dicta - Hearsay - Dying Declaration Exception
Evidence Dicta - Hearsay - Expressive Conduct Exception
Evidence Dicta - Hearsay - Statement Against Penal Interest Exception
Evidence Dicta - Hearsay - Judicial Records Exception
Evidence Dicta - Hearsay - Past Recollection Recorded Exception
Evidence Dicta - Hearsay - Co-conspirators Exception
Evidence Dicta - Hearsay - Documents in Possession Exception
Evidence Dicta - Hearsay - Party Admission Exception
Evidence Dicta - Hearsay - Res Gestae Exception
Evidence Dicta - Hearsay - Public Documents
IDENTIFICATION
Evidence Dicta - Identification
INADVERTENT TAINTING
Evidence Dicta - Inadvertent Tainting
INFERENCES
Evidence Dicta - Inferences
INHERENTLY INCAPABLE OF PROOF
Evidence Dicta - Inherently Incapable of Proof
INTERNET
Evidence Dicta - Internet
JUDICIAL NOTICE
Evidence Dicta - Judicial Notice (+)
LAWYER'S FILE
Evidence Dicta - Lawyer's File
LETTERS ROGATORY
Evidence Dicta - International Letters of Request (Letters Rogatory)
|||Letters Rogatory, Court May Order Procedure [Evidence Act, s.60(1) (Ontario)]
|||Letters Rogatory, Witness Fees [Evidence Act, s.60(2) (Ontario)]
|||Letters Rogatory, Witness and Production Rights [Evidence Act, s.60(3) (Ontario)]
|||Letters Rogatory, Oath Authority [Evidence Act, s.60(4) (Ontario)]
LITIGATION DOCUMENTS
Evidence Dicta - Litigation Documents
MATERIALITY
Evidence Dicta - Materiality
MEDIA EVIDENCE
Evidence Dicta - Media Evidence
MEDICAL REPORTS
Evidence Dicta - Medical Reports [EA s.52 (Ont)]
|||Medical Reports, Definition of 'Practitioner' [Evidence Act, s.52(1) (Ontario)]
|||Medical Reports, Admissible on Ten Days Notice to Other Parties; Entitlement to Copies [Evidence Act, s.52(2-3) (Ontario)]
|||Medical Reports, Absent s.52(2) Notice Practitioner May Not Testify, Unless Court Gives Leave [Evidence Act, s.52(4) (Ontario)]
|||Medical Reports, Costs Where Practitioner Testifies Unnecessarily [Evidence Act, s.52(5) (Ontario)]
MOTIVE
Evidence Dicta - Motive
NARRATIVE
Evidence Dicta - Narrative
NOTARIES
|||Notaries, Certificates of (Some) [Evidence Act, s.41 (Ontario)]
OATHS AND AFFIRMATIONS
|||Affirmations, Substitution for Oaths [Evidence Act, s.17(1) (Ontario)]
|||Affirmations, where Affidavits [Evidence Act, s.17(2) (Ontario)]
|||Oaths etc, Authority [Evidence Act, s.3(1) (Ontario)]
|||Oaths etc, Witnesses [Evidence Act, s.3(2) (Ontario)]
|||Oaths etc, Certification of [Evidence Act, s.4 (Ontario)]
|||Oaths etc, Manner of [Evidence Act, s.16 (Ontario)]
|||Oaths etc, Canadian Forces Officer Authorized Same as Commissioner under CFTAA [Evidence Act, s.44(1-2) (Ontario)]
|||Oaths etc, Done Outside Ontario Before Certain Officials Valid and Admissible [Evidence Act, s.45(1-3) (Ontario)]
|||Oaths etc, Informalities Excusable [Evidence Act, s.46 (Ontario)]
|||Oaths etc, When Sworn by Party Solicitors Valid [Evidence Act, s.47 (Ontario)]
OATH-HELPING
Evidence Dicta - Oath-Helping
ONUS OF PROOF
Evidence Dicta - Onus of Proof
OPINION AND EXPERT EVIDENCE
Evidence Dicta - Opinion Evidence
Evidence Dicta - Expert Opinion - R53.03
Evidence Dicta - Expert Opinion - Basics
Evidence Dicta - Expert Opinion - Criteria
Evidence Dicta - Expert Opinion - Necessity
Evidence Dicta - Expert Opinion - Qualification
Evidence Dicta - Expert Opinion - Expert Report (Participation v Litigation Experts) (+)
Evidence Dicta - Expert Opinion - Duties of Impartiality and Independence (+)
Evidence Dicta - Expert Opinion - The 'Ultimate Issue'
Evidence Dicta - Expert Opinion - Hearsay
Evidence Dicta - Expert Opinion - Non-Opinion Evidence
Evidence Dicta - Expert Opinion - Adopting Documents
Evidence Dicta - Expert Opinion - Expert versus Technical
Evidence Dicta - Expert Opinion - Profiling
Evidence Dicta - Expert Opinion - Admissibility (Voir Dire)
|||Expert Witness, Limit [Evidence Act, s.12 (Ontario)]
PAROLE EVIDENCE
Evidence Dicta - Parole Evidence
POLICY GUIDELINES
Evidence Dicta - Policy Guidelines
POST-OFFENCE CONDUCT
Evidence Dicta - Post-Offence Conduct
POLYGRAPH EVIDENCE
Evidence Dicta - Polygraph Evidence
PREJUDICE
Evidence Dicta - Prejudice
PRIOR CONSISTENT STATEMENTS
Evidence Dicta - Prior Consistent Statements
PRIOR INCONSISTENT STATEMENTS
Evidence Dicta - Prior Inconsistent Statements
PRIVATE NOTES AT A HEARING
Evidence Dicta - Private Notes at a Hearing
PRIVILEGE'
General
Evidence Dicta - Privilege - General
Evidence Dicta - Privilege - Waiver of Privilege
Evidence Dicta - Privilege - Statutory Exceptions
Specific Types of Privilege
Evidence Dicta - Privilege - Litigation (+)
Evidence Dicta - Privilege - Solicitor-Client (+)
Evidence Dicta - Privilege - Litigation and Solicitor-Client Privilege Contrasted
Evidence Dicta - Privilege - Settlement (+)
Evidence Dicta - Privilege - Spousal Incompetency Rule
Evidence Dicta - Privilege - Informer
Evidence Dicta - Privilege - Public Interest (Cabinet)
Evidence Dicta - Privilege - Absolute
Evidence Dicta - Privilege - Statutory
Evidence Dicta - Privilege - Adjudicative (Deliberative)
Evidence Dicta - Privilege - Legislative
PROBATIVE
Evidence Dicta - Probative
RECOGNITION EVIDENCE
Evidence Dicta - Recognition Evidence
REFRESHING MEMORY
Evidence Dicta - Refreshing Memory
RELEVANCE
Evidence Dicta - Relevance (+)
RES IPSA LOQUITOR
Evidence Dicta - Res Ipsa Loquitor
SIGNATURES
Evidence Dicta - Signatures
SIMILAR FACT, CHARACTER AND RELATED EVIDENCE
Evidence Dicta - Character Evidence
Evidence Dicta - 'Propensity Reasoning'
Evidence Dicta - Similar Facts (+)
Evidence Dicta - Similar Fact (Handy)
Evidence Dicta - Discreditable Conduct
Evidence Dicta - Collateral Fact
SPECULATION
Evidence Dicta - Speculation
SPOLIATION OF EVIDENCE
Evidence Dicta - Spoliation of Evidence
STANDARD OF PROOF
Evidence Dicta - Standard of Proof
STATUTORY ADMISSIBILITY
Evidence Dicta - Statutory Admissibility
STEREOTYPICAL THINKING
Evidence Dicta - Stereotypical Thinking
TRANSCRIPTS AND RECORDINGS
|||Transcripts, Admissibility [Evidence Act, s.5(2) (Ontario)]
|||Transcripts, Certification of by AG [Evidence Act, s.5(3)(b,c) (Ontario)]
|||Recordings, Approval by AG of Form or Device [Evidence Act, s.5(1) (Ontario)]
|||Recordings, Certification of by AG [Evidence Act, s.5(3)(a,c) (Ontario)]
WITNESSES
Evidence Dicta - Adverse Witness
Evidence Dicta - Exclusion of Witnesses
Evidence Dicta - Witness Demeanour
Evidence Dicta - Witness Embellishment
Evidence Dicta - Cross-Examination
Evidence Dicta - Recalling Witnesses [RCP R53.01(3)]
Evidence Dicta - Trauma Memory
|||Adverse Witness, Impeachment [Evidence Act, s.23 (Ontario)]
ONTARIO STATUTES
Apology Act, 2009
Commissioners for taking Affidavits Act
Crown Witnesses Act
Electronic Commerce Act, 2000
Evidence Act (|/#)
International Electronic Communications Convention Act, 2017
Interprovincial Summonses Act
Mandatory Gunshot Wounds Reporting Act, 2005
Mandatory Blood Testing Act, 2006
Notaries Act
Statute of Frauds
FEDERAL STATUTES
Canada Evidence Act
PLACE-HOLDERS
Evidence Act (Ont)
|||Adultery, Competency and Privilege [Evidence Act, s.10 (Ontario)] [#Family]
|||Attestation, Where Not Required [Evidence Act, s.56 (Ontario)]
|||Bills of Exchange, Protests of - Proof of by Notary [Evidence Act, s.40 (Ontario)] [#Bills of Exchange]
|||Certification, Proof of Certifiers of Copies Not Required [Evidence Act, s.37 (Ontario)]
|||Commissions, for Extra-Jurisdictional Examination [Evidence Act, s.(see Insertion after Evidence Act, s.s.19, ss.13) (Ontario)]
|||Cross-Examination, Impeachment on Previous Statements in Writing [Evidence Act, s.20 (Ontario)] [#CivilLitigation] (Browne v Dunn)
|||Cross-Examination, Impeachment on Previous Oral Statements [Evidence Act, s.21 (Ontario)] [#CivilLitigation] (Browne v Dunn)
|||Death Certificate, Military [Evidence Act, s.51 (Ontario)]
|||Estate Litigation, Corroboration Required [Evidence Act, s.13 (Ontario)] [#Estates]
|||Estates, Probate as Proof of Will etc [Evidence Act, s.49 (Ontario)] [#Estates]
|||Estates, Probate Procedure Where Testator Dies in British Possession and Ontario Real Estate Bequest [Evidence Act, s.50(1-2) (Ontario)] [#Estates]
|||Examinations etc, Certified Copies of Admissible [Evidence Act, s.48(1-2) (Ontario)] [#CivilLitigation]
|||Examinations for Discovery, Use of Corporate [Evidence Act, s.15 (Ontario)] [#CivilLitigation]
|||Execution, Small Claims Court - Proving Titles [Evidence Act, s.42 (Ontario)] [#Execution] [# Small Claims Court]
|||Incapacity Litigation, Corroboration Required [Evidence Act, s.14 (Ontario)] [#Mental Health]
|||Judgments, Foreign (Canadian, British or US) - Proof of [Evidence Act, s.38 (Ontario)] [# Foreign Judgments]
|||Judicial Signatures, Judicial Notice of [Evidence Act, s.36(1-2) (Ontario)] [#Judges]
|||Letters Patent, Proof of [Evidence Act, s.24 (Ontario)] [#Corporations]
|||Quebec Notarial Acts on Instruments, Admissibility of Copies of; Rebuttal of Proof of [Evidence Act, s.39(1-2) (Ontario)]
|||Subpoenas [Evidence Act, s.(see Insertion after Evidence Act, s.s.19, ss.4-11) (Ontario)] [#CivilLitigation]
|||Tort, Summonsed Witness Failing to Obey [Evidence Act, s.19 (Ontario)] [#Tort]
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