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Ontario Litigators Pocket Guide to Evidence, 5th Edition

This guide provides instant solutions to common and unfamiliar evidentiary problems that can arise in civil, criminal, family or administrative proceedings and difficult concepts are simplified for easy understanding and instant use in court.



Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433462699
Publication Date: 2010-04-30
 
Price: $90.00
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    Ontario Litigator's Pocket Guide to Evidence, 5th Edition provides instant solutions to common and unfamiliar evidentiary problems that can arise in civil, criminal, family or administrative proceedings. Difficult concepts are simplified for easy understanding and instant use in court. The author takes the common law and the provincial and federal evidence acts to their essentials. This book deals with all areas of the law of evidence and is complete with the latest guidance from the Supreme Court of Canada.

    Written by James C. Morton, Past-President of the Ontario Bar Association, and a well-known litigator and lecturer, this book includes full coverage of theOntario Evidence Act and is fully indexed to the specific sections of the Act, enabling the reader to easily locate a topic not only in the text, but in the Act itself.

    Seeking the admissibility of testimony or a document, challenging the credentials of a proposed "expert" witness, or encountering other thorny evidentiary issues in the heat of the action should not require a lengthy adjournment. You simply need a portable and authoritative reference to resolve problems as they arise.

    Answering the Key Questions

    Ontario Litigator's Pocket Guide to Evidence, 5th Edition specifically addresses a wide range of issues, including:

    • What is the difference between relevance and materiality?
    • When must opposing witnesses be cross-examined?
    • How has the case by case (Wigmore) exception to the hearsay rule been applied by the courts?
    • How broad is the right to silence?
    • What is the current rule for admitting wiretap evidence?
    • What are the limits on solicitor-client privilege?
    • To what extent can you impeach your own witness?
    • When can a prior inconsistent statement be introduced?

    Essential Features for Legal Professionals

    You'll be amazed at how much vital information can be found in such a small package. Stripping the common law and the provincial and federal evidence acts to their essentials, this book manages to be:

    • Easy to use - highlights the basic principles and leading cases on particular points
    • Practical - offers a recommended pattern of questions and answers for use in direct and cross-examination, and a step by step approach for resolving admissibility issues
    • Wide ranging - 21 chapters canvass all the major problem areas in evidence, drawing on leading Canadian and Commonwealth decisions
    • Portable - its convenient size is ideal for reference in court or in meetings
    • Up to date - reflects the latest Supreme Court of Canada decisions
    • Reliable - written by a leading litigator who also teaches evidence law

    New in This Edition

    All subjects have been updated, but the hearsay and opinion evidence chapters have been rigorously updated and expanded.

    Chapter 1: Fundamental Principles
    Chapter 2: The Justice System
    Chapter 3: Appeals and Evidentiary Review
    Chapter 4: Onus, Burden and Presumption
    Chapter 5: Testimonial Evidence
    Chapter 6: Examining Witnesses
    Chapter 7: Hearsay
    Chapter 8: Exemptions to the Hearsay Rule
    Chapter 9: Exclusion of Otherwise Relevant Evidence
    Chapter 10: Confessions
    Chapter 11: Evidence Obtained Illegally
    Chapter 12: The Exclusion Remedy Generally
    Chapter 13: Protection of Confidential Relations
    Chapter 14: Opinion Evidence
    Chapter 15: Evidence of Character
    Chapter 16: Similar Fact Evidence and Credibility
    Chapter 17: Credibility
    Chapter 18: The Best Evidence Rule
    Chapter 19: Family Law
    Chapter 20: Administrative Proceedings
    Chapter 21: Forensic Evidence

     

    James C. Morton, B.Sc., LL.B., LL.M.


    James C. Morton, B.Sc., LL.B., LL.M., is a Partner with the Toronto law firm of Steinberg, Morton, Hope & Israel LLP, where he practises civil and commercial litigation and criminal law. Mr. Morton is an Adjunct Professor at Osgoode Hall Law School in Toronto, Ontario and Thomas M. Cooley Law School in Lansing, Michigan and has been certified by the Law Society of Upper Canada as a Specialist in Civil Litigation. Mr. Morton is Past President of the Ontario Bar Association.

     

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