Halsbury's Laws of Canada - Evidence (2014 Reissue)

Publisher: LexisNexis Canada
Format::  Book, 2
ISBN:: 9780433477921


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The law of evidence is one of the most important - and at times, challenging - areas of law. Because it is central to both the civil and criminal courtroom, a solid knowledge of its principles is essential for any lawyer whose files regularly or occasionally involve litigious matters. This important title brings together in one accessible source the law of evidence that applies in civil and criminal proceedings before Canadian courts. Topics covered include:

Table of Contents

  1. Introduction to the Law of Evidence
  2. Sources of the Law of Evidence
  3. Admissibility: Basic Concepts HEV-8
  4. Relevancy, Probative Value and Prejudicial Effect
  5. Appellate Review
Modes of Proof
  1. Oral Evidence
  2. Real Evidence
  3. Documents
  4. Corroboration
The Burden of Proof and Related Issues
  1. Burden and Quantum of Proof
  2. Presumptions
  1. Introduction
  2. Traditional Exceptions to the Rule Against Hearsay
  3. The Principled Approach to Hearsay
Statements by the Accused Person
  1. Overview
  2. Statements to Persons not in Authority
  3. The Confessions Rule: Statements to Persons in Authority
  4. Statements by the Accused: Charter
Opinion Evidence
  1. General
  2. Lay Opinion
  3. Expert Opinion
Character Evidence
  1. Introduction
  2. Character as a Fact in Issue
  3. Character as Circumstantial Evidence
Privilege and Related Grounds of Exclusion
  1. Introduction
  2. Solicitor-Client Privilege
  3. Litigation Privilege
  4. Informer Privilege
  5. Matrimonial Communications Privilege
  6. Privilege for Settlement Discussions
  7. Case-by-Case Privilege
  8. Public Interest Immunity
  9. Privilege Against Self-Incrimination
  10. Records Subject to a Privacy Interest
Improperly Obtained Evidence
  1. Common Law Background
  2. Canadian Charter of Rights and Freedoms
Establishing Facts Without Evidence
  1. Judicial Notice and Related Doctrines
  2. Formal Admissions
  3. Res Judicata


Hamish C. Stewart, B.A., Ph.D. (Econ.)(Harvard), LL.B.

Hamish C. Stewart, B.A., Ph.D. (Econ.)(Harvard), LL.B., is Associate Professor of Law at the University of Toronto, where his teaching and scholarship are focused on the law of evidence, criminal law and legal theory. Professor Stewart has published widely in these fields, and has also contributed papers on the topics of contract law and economic methodology. The general editor of Evidence: A Canadian Casebook, 2nd Edition, an associate editor of the Canadian Criminal Cases, and book review editor of the University of Toronto Law Journal, Professor Stewart has served as law clerk to the judges of the Ontario Court of Appeal (1992-1993) and has taught economics at Williams College.

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