Ontario Litigator's Guide to Evidence, 7th Edition
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Experienced litigators know that a case succeeds or fails based on the evidence presented. For over a decade, Ontario litigation lawyers have been referring to the Ontario Litigator's Guide to Evidence to quickly determine whether a piece of evidence can be used (or should be excluded) in court.
Written by a veteran litigator and an adjunct professor at both Canadian and U.S. law schools, this civil litigation book covers evidentiary questions lawyers face every day in court. By using this fully-indexed guide, lawyers can find the latest and most relevant evidentiary rules based on the common law, the Evidence Act (Ontario) and the Canada Evidence Act.
Features and Benefits
- Practical and easy-to-use, the book (complete with case citations) gives direct, succinct answers to a myriad of evidentiary issues lawyers confront in court
- Can be used for civil, criminal, family and administrative proceedings
- The book avoids policy and academic discussions, and serves as a quick reference guide for busy litigators who need fast, definitive answers
- Contains the latest rulings from the Supreme Court of Canada
- Fully indexed to specific sections of the Ontario Evidence Act, so that readers can easily locate a subject not only within the book, but within the Act itself
- Contains full coverage of the Ontario Evidence Act and the Canada Evidence Act
What's New in This Edition?
- Updates on all relevant case law pertaining to evidence, including Supreme Court of Canada decisions: R v Biniaris, R v Villaroman, R v Paterson, R v Saeed, Lisotte v Aviva Insurance, R v Anthony Cook
- Updated discussion regarding the ethical duty of prosecutors
- Added section on Misapprehension of Evidence and Unreasonable Verdicts
- Revised commentary regarding admissibility of false confessions
- Added commentary regarding plea negotiations and settlement privilege
- Revised discussion outlining the new test for admission of expert evidence, referring to the Supreme Court of Canada decision: White Burgess Langille Inman v. Abbott and Haliburton Co.
- Added sections on Demeanor Evidence and on Alibi
Who Should Read This Book
- Litigators – Serves as a quick reference source, either in the courtroom or in the office, for lawyers to find out the latest developments in the law of evidence
- Judges and judicial officers – When an instant ruling needs to be made on the admissibility of evidence, judges can turn to this guidebook
- Paralegals – As a straightforward text on the nuts and bolts of evidence this text is perfect for the busy paralegal needing immediate and correct answers to evidentiary questions
- Law clerks – Written in practical language, this book allows law clerks quickly to know the basic rules of evidence
- Law students and law professors – This book can be used in any course teaching the law of evidence
Table of contents
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