Also, a narrow
view of admissibility of extrinsic evidence has been taken, where evidence of surrounding circumstances is only admissible to resolve patent ambiguity, [17] latent ambiguity, [18] and inherent ambiguity in the meaning of the words of a contract.
Not exact matches
While in its Order
of 14 July 2005 in Case C ‑ 70 / 04 transferring the case to the General Court, the Court had expressly mentioned this possibility (albeit without giving its
view on it), the present judgement entirely omits any reference to the
admissibility of the Swiss appeal.
In my
view, the phrase «objection to the
admissibility of the expert's evidence» necessarily includes objections based on inadequate qualifications
of the expert.
[14] In my
view, no difference can be drawn between an objection to the
admissibility of the report, and an objection to an expert's qualification with regard to Rule 11 - 6 (10).
Glass, then, is kind
of a legal Rorschach test: where you stand on his
admissibility likely depends on your
view of the possibility
of human redemption, rehabilitation and the role
of the lawyer in society.
In the judge's
view, however, these were all matters that went to the question
of what weight should be given to the contents
of the report, not to
admissibility.
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 recommendations in the Goudge Inquiry Report — into the conduct
of disgraced former Ontario pathologist, Dr. Charles Smith — casting a dim
view on the dogmatic acceptance and
admissibility of «junk science» theories, such as «shaken baby» syndrome, are significant steps in the remedying past injustices and avoiding future ones.
In R. v. Wong, 2010 BCCA 160, the B.C. Court
of Appeal mentions that «[a] s a result
of the decisions in Grant and Harrison, trial courts have been directed to take a
view of all relevant circumstances in making a decision about
admissibility of evidence under s. 24 (2)
of the Charter.»