Not exact matches
At the very least, controversial emails or other communications from high - profile or powerful people that are disclosed publicly — no matter how they are obtained — are considered in the court
of public opinion where no rules
of admissibility apply.
At the last adjourned sitting on March 14, 2017, the prosecution counsel, Rotimi Oyedepo, had sought to tender the list
of the beneficiaries
of the alleged $ 115,010,000 along with the attached Certificate
of Identification issued, but Olatunji Ayanlaja, SAN, counsel to the second defendant, Sulaiman, objected to its
admissibility.
«The meeting is largely future - oriented, and focused not so much on law enforcement use, but on
admissibility in court,» Steven Hyman, co-chair
of the committee and director
of the Stanley Center for Psychiatric Research
at the Broad Institute, wrote in an e-mail to Scientific American.
A pdf copy
of other recent papers that I have written on electronic discovery and
admissibility of records issues can be downloaded from Slaw and from the Social Science Research Network (SSRN) by way
of my SSRN author's page, or
at: http://ssrn.com/author=1398484, and my Slaw author's page, or
at: http://www.slaw.ca/author/chasse/.
So the risk
of self - serving evidence is very high, probably too high to support
admissibility at least on facts critical to a particular lawsuit.
The existing rare case law examples
of the kind
of examination
of an ERMS appropriate to electronic discovery and
admissibility of evidence proceedings are: Siemens Canada Limited v. Sapient Canada Inc. 2014 ONSC 2314, [2014] O.J. 1930,
at paras. 156 - 57 (OSC - Master, April 23, 2014).
The
admissibility of social media evidence
at trial is another interesting issue.
As R. v. B. (K.G.)[1993 CarswellOnt 76 (S.C.C.)-RSB- holds,
at para. 121, the test for
admissibility does not apply to the question
of whether cross-examination should be permitted on a prior inconsistent statement:
These include rulings on a motion,
admissibility or inadmissibility
of evidence, objections sustained or overruled
at trial, or findings
of a jury verdict.
Fox explains that because the
admissibility of evidence rests with a federal judge's discretion, and most federal judges prefer to limit the scope
of issues addressed
at trial, judges are more likely than not to exclude «me too» evidence to keep trials from spinning out
of control.
May 12, 2016 Christopher K. Jones will present, «3D Printing and Its
Admissibility»
at the Virginia Association
of Defense Attorneys Spring Conference in Irvington.
The European Court
of Human Rights (ECtHR) has been clear that the failure to compensate for loss, other than in exceptional circumstances, in relation to this particular right in A1P1 may not conform with the required «fair balance» and proportionality (see Jahn v Germany [2004] ECHR 36
at [93]- [94]; James v UK (1986) Series A No 98, esp
at [54]; cf the
admissibility decision in Di Palma v UK (1988) 10 EHRR 149 but the ECtHR has clearly moved on since that time).
The argument for the
admissibility of the evidence was that it was information that the insurer's decision - maker had
at the time the decision to deny was made, and that the insurer had a right to put that information before the jury.
The
admissibility of expert opinion evidence is a noted exception to the principle that opinions are generally not admissible (
at para 21).
In this post I look
at recent decisions in Alberta that have applied the law concerning the
admissibility of Mr. Big confessions.
This article looks
at the two stages
of admission
of expert evidence:
admissibility and permission to put a report before the court.
In R v Turner [1975] QB 834, a case which concerned the
admissibility of opinion evidence... Lawton LJ stated
at p 841: «If on the proven facts a judge or jury can form their own conclusions without help, then the opinion
of an expert is unnecessary.»
The Defendants did not challenge his qualifications to give this evidence, however,
at the conclusion
of the expert's testimony the Defendants brought a motion to rule the testimony inadmissible arguing that the expert's «underlying methodology and science are so flawed that the evidence (does not meet the legal test for
admissibility)» and that the expert was «biased and purposely misled the court to assist the plaintiff ``.
· The correct judicial response to the question
of the
admissibility of hearsay evidence in an expert opinion is not to withdraw the evidence from the trier
of fact unless,
of course, there are some other factors
at play such that it will be prejudicial to one party, but rather to address the weight
of the opinion and the reliability
of the hearsay in an appropriate self - instruction or instruction to a jury.
Playing uncivil, tactical, inappropriate, old - school, trial by ambush games like: threatening to require proof
of obviously valid records, holding back important documents until the last second, failing to fulfil undertakings until the eve
of trial, delivering new expert's reports during the trial, saying untrue things to counsel opposite (whether knowingly or not), failing to prepare examinations in advance to «wing it»
at trial, refusing to agree to the
admissibility of relevant documents while requiring changes to be made to irrelevant ones, refusing to share costs
of joint expenses, refusing to cooperate on court ordered process matters, are all wrongful.
The Presiding Officer also considered the provisions
of the above legislation and concluded that they did not preclude the
admissibility of self - incriminating evidence when the subject - matter
of the proceedings is the act
of lying under oath (
at para 29).
As Toy did not argue for the veracity
of the statements, the Court disagreed that the provision precluded their
admissibility as the purpose
of the allegations was to prove their falsity (
at para 34).
In December 2017, Jeremy spoke
at NBI's seminars «Truck Accident Litigation from A to Z» in Mobile and Birmingham, and presented the following topics: «Using FMCSRs and Other Trucking Laws / Regs to Support Your Case» and «Investigation, Authentication and
Admissibility of Truck Accident Evidence».
Counsel for the plaintiff says this has been known and not until today,
at the Trial Management Conference, raised as a factor regarding
admissibility of the report.
Affidavits need to comply with the same rules that govern
admissibility of evidence
at trial.
I would suggest that consideration
of the rule is an essential requirement in every determination
of the
admissibility of evidence, whether
at the preliminary hearing or trial stage.
Paonessa and Paquette, [1982] O.J. No. 3209 (C.A.): 1 JESSUP J.A.: — This appeal raises the question
of the
admissibility of evidence given by an accused
at a show cause bail hearing...... 20 In my view, the same principle should govern here.
The duty that an expert witness owes to the court
at common law and the
admissibility of that opinion was articulated by the Supreme Court as follows:
Section 457.3 (1)(b)
of the Criminal Code which prohibits the adduction
of evidence from the accused as to the offence charged
at the bail hearing by implication must prohibit the subsequent
admissibility of evidence given contrary to its terms.
So in short, the
admissibility of BAC results depends upon whether the machine, its operator, and the process followed were reliable
at the time
of the breath sample.
The Court
of Appeal vacated the trial court's class certification order and remanded for reconsideration, holding that Sargon's standards for
admissibility of expert testimony apply
at the class certification stage.
In arriving
at that decision, the Arbitrator commented unfavourably on the
admissibility of opinions offered on how the AMA Guides should be applied.
In acquitting Mr. Paterson, the Court further found that considerations
of voluntariness and the common law confessions have no operation during a Charter voir dire to ascertain the
admissibility of evidence
at trial.
At trial, Mr. Porter challenges the
admissibility of evidence all derived from his TSA statement (pursuant to R. v. White, [1999] 2 SCR 417, 1999 CanLII 689 (SCC)-RRB--- asserting any such evidence is obtained in breach
of ss.
At this point, relevance, necessity, reliability and absence
of bias can helpfully be seen as part
of a sliding scale where a basic level must first be achieved in order to meet the
admissibility threshold and thereafter continue to play a role in weighing the overall competing considerations in admitting the evidence.
As Chief Justice Beverley McLachlin said in R v Harrison, [2009] 2 SCR 494,
at para. 26: «The integrity
of the justice system and the truth - seeking function
of the courts lie
at the heart
of the
admissibility inquiry envisaged under s. 24 (2)
of the Charter.
The
admissibility of the terms
of an extra-territorial settlement, and its potential weight
at authorization and on the merits, risks scaring Respondents away from settling, out
of a concern that they are somehow admitting a certain guilt.
To take but one example, this same Annex VII Tribunal in its Award on Jurisdiction and
Admissibility only refers to the VCLT
at paras 176 and 182 in the context
of emphasising that while the Tribunal could have no jurisdiction with respect to an alleged breach
of the Convention on Biological Diversity (CBD) it could resort to the CBD (applying article 31 (3)(c)
of the VCLT) for assistance in interpreting articles 192 and 194
of LOSC.
With an emphasis on proportionality and defensibility
at every stage, practical information will be covered, including cooperative discovery planning, the supporting evidence required for discovery motions, and the
admissibility of evidence.
The discussion starts
at para 65 and moves to
admissibility of electronic documents in para 73.
Anybody who's preparing for trial has
at least a sense
of the
admissibility issues they're going to face with any particular witness, whether the issue is hearsay or something else.
In this video blog, I look
at the decision
of the Ontario Court
of Appeal in R v Khan, 2017 ONCA 114, and the division in the Court regarding how best to approach questions
of evidentiary
admissibility.
At issue was the
admissibility of six photos
of the complainant's computer screen showing the conversations as well as the printouts
of five screen captures from the complainant's computer on which the conversation could be read.
Paragraph 27.2
of PD32 makes it clear that all documents contained in bundles which have been agreed for use
at a hearing shall be admissible
at that hearing as evidence
of their contents, unless the court orders otherwise or a party gives written notice
of objection to the
admissibility of particular documents.
No voir dire was held
at trial to determine the
admissibility of the e-mail, which was the basis for the Saskatchewan Court
of Appeal reversing the conviction.
Under the rules relating to confessions
at common law, the
admissibility of a confession which had been preceded by an involuntary confession involved a factual determination based on factors designed to ascertain the degree
of connection between the two statements.
I didn't check through the other instances
of Kusk cites
at the appellate level to see if any
of them involve this sort
of issue or
at the trial level to see if they're reports
of trial judge's ruling on the (in)
admissibility of this type
of question.
How then is a judge in the heat
of a trial expected to cope when fine points regarding the
admissibility of evidence may be raised
at any time?
The
admissibility of the fresh evidence turns on whether that evidence, considered with the rest
of the evidence adduced
at trial, could be expected to have affected the result or, more specifically, could be expected to have affected the trial judge's assessment
of Mr. Narine's credibility: see Ontario Federation
of Anglers and Hunters v. Ontario (Ministry
of Natural Resources), [2002] O.J. No. 1445,
at para. 63.
Lawyers should be involved in the writing
of reports by experts: not,
of course, in relation to the substance
of the reports (in particular, in arriving
at the opinions to be expressed); but in relation to their form, in order to ensure that the legal tests
of admissibility are addressed.