The Doctrine of Spoliation

If you are suing a person, sometimes relevant documents go missing which could help or harm your case. If documents which you need to prove your case go missing due to the acts of the defendant, you may consider a remedy against the defendant based on the doctrine of...

Judging Credibility

Judging credibility is considered by some to be an art. One veteran trial judge had the following to say about judging credibility: “With respect to the oral testimony of the witnesses I have heard and observed, I am entitled to believe the whole or a part, or to...

Judging Credibility #2

Our sage, veteran trial judge had the following additional guidelines about the art of judging credibility: “The appearance and demeanour of the witness and the impression made as to the witness’ honesty and truthfulness is also only one of the factors to...

Hearsay

You have all heard the phrase “it’s hearsay.” Hearsay evidence is an oral or written statement made in court by one person about a statement made out of court by another person. The object of the court evidence is to establish the truth of what is contained in the out...

Expert Evidence in Court

Most evidence at a trial involves testimony on subjects with which we are all familiar. Examples are testifying on the type of shoes a person was wearing when that person slipped and fell in an icy parking lot or whether the driver of a car smelled of alcohol at the...