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The Law of Objections in Canada: A Handbook

Chock-full of practical information, this new publication is bound to become one of the most valuable resources in every litigator’s toolkit.
Publication Language: English

Hardcover | 296 pages

In Stock
Published: November 26, 2019
ISBN/ISSN: 9780433494997

Product description

Comprehensive and useful
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 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.

This one-stop guide for the rules of law relating to objections 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, the at-a-glance Table of Objections is particularly useful.

An essential publication
An easy-to-use, accessible resource, The Law of Objections in Canada: A Handbook will quickly become invaluable to:

  • Civil litigation and criminal lawyers who will benefit from a resource that enables them to find specific objections quickly and easily – whether in the courtroom or in the office
  • Judges as they are frequently called upon to make rulings on evidence, often without advanced warning. With this volume at their fingertips, judges 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

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Table of contents

Part I: Objections Respecting the Object of Proof
A. Relevance and related rules
     • Relevance
     • Character Evidence
     • Similar Fact Evidence
B. Rules promoting fairness at trial
     • Not pleaded matters
     • No pre-trial disclosure
     • Splitting the case
C. Privilege
     • Solicitor-client privilege
     • Litigation privilege
     • Settlement privilege
     • Crown immunity
     • Parliamentary privilege
     • Judicial immunity
     • Spousal privilege
     • Informer or whistleblower privilege
     • Disclosure prohibited by statute
     • Case-by-case privilege
D. Rules protecting fundamental rights and freedoms
     • Evidence obtained in violation of fundamental rights and freedoms
     • Privilege against self-incrimination
     • Language used in Court

Part II: Objections Respecting the Means of Proof
A. Testimony
     1. Admissibility
          • Statute of Frauds
          • Best evidence rule
          • Parol evidence rule
          • Opinion
     2. Opinion
          • Opinion of factual witness
          • Admissibility of expert testimony
     3. Hearsay
          • Hearsay
     4. Transcripts
          • Production by party not adverse in interest
          • Implied undertaking of confidentiality
     5. Examination at Trial
          • Capacity
          • Oath
          • Examination in chief
          • Cross-examination
          • Re-examination
          • Misc. objections at all stages of examination
B. Documentary evidence
     1. Admissibility
          • Hearsay
     2. Presentation
          • Best evidence rule
          • Prior notice
C. Admissions
          • Not binding
D. Real evidence
          • Best evidence rule
          • Prior notice
E. Circumstantial evidence
          • Character Evidence
          • Similar Fact Evidence