Monthly Archives: November 2015

Vetrovec Cautions in Ontario Criminal Proceedings

Sometimes in criminal cases it is important for the court to give a special caution or instruction regarding “unsavory” witnesses. This is referred to as a Vetrovec Instruction. Such an instruction has four foundational elements: Identification of the evidence or … Continue reading

Third-Party Records applications in Ontario Criminal Proceedings

Although defendants in Criminal Proceedings are entitled on request to Crown disclosure, at times counsel must go beyond this type of disclosure and bring a Third-party Records application. Documents may be in the possession of parties outside the proceedings in … Continue reading

Similar Fact Evidence : Ontario Criminal Proceedings

The key question when determining the admissibility of similar fact evidence is whether, in the specific context under consideration , the probative ¬†value of the similar fact evidence in relation to a particular issue outweighs its potential prejudice, thus warranting … Continue reading

Rule 2.1 of the Ontario Rules of Civil Procedure

Rule 2.1 of the Ontario Rules of Civil Procedure came into force July 1, 2014. This rule is designed to permit the court to dismiss frivolous or vexatious proceedings in a summary manner. Resort to evidence at this stage defeats … Continue reading