Lexis Nexis The Law of Objections in Canada: A Handbook, 2nd Edition
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
Product description
Based on Claude Marseille’s well-known French publication, LegisPratique – Les objections à la preuve en droit civil, and with chapters written by a collection of expert contributing authors, The Law of Objections in Canada: A Handbook, 2nd Edition fills a gap in the marketplace by focusing exclusively on the 50 possible objections that lawyers can make in a trial under the common law.
The new 2nd Edition is a one-stop guide for the rules of law relating to objections and is an excellent reference book: comprehensive, easy to understand and simple to navigate.
Each chapter is organized into four sections: statement of law, rationale, scope and exceptions. The resulting logical flow and detailed explanations make this manual indispensable. In addition, readers will find the at-a-glance Table of Objections particularly useful.
What’s New In This Edition
- Each chapter has been thoroughly updated to reflect legislative and jurisprudential developments since the previous edition published five years ago
- Additional content and insight from new contributing authors
- Updates to the structure of the text
Who Should Read This Book
- Civil litigation and criminal lawyers who need a resource that enables them to find specific objections quickly and easily, whether in the courtroom or in the office
- Judges who will be able to reliably comment and rule on issues of evidence
- Law schools and law libraries who want to provide comprehensive research materials for law students, faculty and other users
Contributing Authors
Richard Bell – Litigation Partner, Blake, Cassels & Graydon LLP
Emi Bossio – Partner, Peacock, Linder, Halt & Mack LLP
Vlad Calina – Lawyer, Koskie Minsky LLP
Roy Cotton-O’Brien – Lawyer, Fasken Martineau DuMoulin LLP
Laura Cundari – Litigation & Arbitration Partner, Blake, Cassels & Graydon LLP
Robert J.C. Deane – Partner, Borden Ladner Gervais LLP
Parmida Elahi – Lawyer, Blake, Cassels & Graydon LLP
Annamaria Enenajor – Partner, Ruby Shiller Enenajor
Jenna Green – Lawyer, Blake, Cassels & Graydon LLP
Emily Hazlett – Litigation Partner, Blake, Cassels & Graydon LLP
Erin Hoult – Litigation Partner, Blake, Cassels & Graydon LLP
Claire E. Hunter – Lawyer, Hunter Litigation Chambers
Nick Kaschuk – Criminal Lawyer & Professor
Eliot Kolers – Head of the Litigation & Dispute Resolution Group, Stikeman Elliott LLP
James C. MacInnis – Lawyer, Nathanson, Schachter & Thompson LLP
Claude Marseille – Head of the Litigation Group, Blake, Cassels & Graydon
Cornelia Mazgarean – Criminal & Immigration Lawyer
Joe McArthur – Commercial Arbitration Partner, Blake, Cassels & Graydon
Peter C. McVey – Lawyer, Wagners Law
Laura Metcalfe – Lawyer, Addario Law Group LLP
Paul Michell – Partner, Lax O’Sullivan Lisus Gottlieb LLP
Simone Penney – Lawyer, Hunter Litigation Chambers
Adam Rose – Associate, Singleton Urquhart Reynolds Vogel LLP
Megan Stoker – Lawyer, Peacock, Linder, Halt & Mack LLP
Table of contents
Preface
Table of Objections
Table of Cases
Table of Legislation (Statutes & Regulations)
PART I: OBJECTIONS RESPECTING THE OBJECT OF PROOF
Chapter 1: Objection For Relevance – Rob Deane
Chapter 2: Character Evidence – Jenna Green
Chapter 3: Objection to Similar Fact Evidence – Annamaria Enenajor and Adam Rose
Chapter 4: Objection With Respect to Matters Not Pleaded – Richard Bell, Roy Cotton-O’Brien and Briana MacEachern
Chapter 5: Objection Regarding Lack of Notice – Richard Bell, Roy Cotton-O’Brien and Briana MacEachern
Chapter 6: The Rule Against Splitting the Case – Emi Bossio and Megan Stoker
Chapter 7: Objection on Grounds of Solicitor-Client Privilege – Eliot Kolers and Vlad Calina
Chapter 8: Objection on Grounds of Litigation Privilege – Eliot Kolers and Vlad Calina
Chapter 9: Settlement Privilege – Paul Michell
Chapter 10: Objection on the Basis of Crown or Public Interest Immunity – Peter McVey
Chapter 11: Objection For Parliamentary Privilege – Rob Deane
Chapter 12: Judicial Immunity – Paul Michell
Chapter 13: Objection For Spousal Privilege – James MacInnis, K.C. and Roy Cotton-O’Brien
Chapter 14: Informer Privilege – Peter McVey
Chapter 15: Statutory Privilege – Claude Marseille, Ad. E. and Youssef Kabbaj
Chapter 16: Case-By-Case Privilege – Paul Michell
Chapter 17: Objections For Evidence Obtained in Violation of Fundamental Rights and Freedoms – Jenna Green
Chapter 18: The Privilege Against Self-Incrimination – Laura Metcalfe
Chapter 19: Objection Related to Language Used in Court – Claude Marseille, Ad. E. and Youssef Kabbaj
PART II: OBJECTIONS RESPECTING THE MEANS OF PROOF
Chapter 20: Statute of Frauds Objection – Richard Bell and Roy Cotton-O’Brien
Chapter 21: Objection Based on Best Evidence Rule – Claire Hunter and Simone Penney
Chapter 22: Objection For Breach of the Parol Evidence Rule – James MacInnis, K.C.
Chapter 23: Opinion of Factual Witnesses – Nick Kaschuk and Cornelia Mazgarean
Chapter 24: Objection to Admission of Expert Evidence – Claire Hunter and Simone Penney
Chapter 25: Hearsay – Erin Hoult and Emily Hazlett
Chapter 26: Reading into Evidence the Discovery Transcripts of a Party That is Not Adverse in Interest – Emi Bossio and Emily Hazlett
Chapter 27: Objection For Breach of Implied Undertaking of Confidentiality – Joe McArthur and Parmida Elahi
Chapter 28: Objections During Examination: Capacity – Joe McArthur and Jenna Green
Chapter 29: Objections During Examination: Oath – Joe McArthur and Jenna Green
Chapter 30: Objections to Examination in Chief – Laura Cundari
Chapter 31: Objections Related to Cross-Examination – Parmida Elahi
Chapter 32: Objections to Re-Examination – Laura Cundari
Chapter 33: Miscellaneous Objections at All Stages of Examination – Joe McArthur and Jenna Green
Chapter 34: Objections to Hearsay (Documentary Evidence)
Chapter 35: Objection Based on Best Evidence Rule (Documentary Evidence)
Chapter 36: Objection Regarding Prior Notice (Documentary Evidence)
Chapter 37: Admission Not Binding – Parmida Elahi
Chapter 38: Objection Based on Best Evidence Rule (Real Evidence)
Chapter 39: Objection Regarding Prior Notice (Real Evidence)
Chapter 40: Objections to Character Evidence (Circumstantial Evidence)
Chapter 41: Objection to Similar Fact Evidence (Circumstantial Evidence)
Index
