Monthly Archives: October 2011

Judicial Notice of facts

In most court proceedings, facts must be proven formally. For example in an interlocutory proceeding a party may tender a sworn affidavit. In a trial setting a witness may be called to give evidence.  In court proceedings the parties must … Continue reading

Driving over 80: Breath Room DVD Disclosure

A key piece of evidence to be disclosed in a driving over 80 case is a breath room DVD. Early and timely review of this DVD allows Defence counsel and their clients to make informed choices as to how to … Continue reading

Peronal and Corporate Liability

You have set up a sole proprietorship. You work many hard hours and it is now thriving. You subsequently set up a corporation to run your business to shield yourself from personal liability. You continue to work hard and try always … Continue reading

I have been served with a Statement of Claim-Should I ignore it?

If you are served with a Statement of Claim whether in Small Claims court or the Superior Court of Justice, please do not ignore it. It will not go away  but will  blossom into a larger headache until it is dealt … Continue reading

Cross-examination at Trial

Credibility issues are key at Trials. The presiding justice is often faced with the difficult task of determining who is telling the truth among the witnesses or whose recall is better and represents a more accurate reflection of what exactly … Continue reading

Pets in Residential settings

Pets ,for many people, make the residential apartment rental experience more enjoyable. For example , one’s dog will usually be the first to greet you when you come through the door, after a long day at work. The love provided by … Continue reading

Relevant Evidence and Privilege

Generally, relevant evidence will be admitted in a proceeding. However, not all relevant evidence will be considered by a court. The law recognizes various privileges which bar relevant evidence from being considered, if the privileges apply. For example solicitor-client privilege, litigation privilege and … Continue reading