Evidence: A Canadian Casebook, 2nd Edition


Evidence: A Canadian Casebook, 2nd Edition


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Available in the Osgoode Hall Law School Library


In most law school courses, the facts of the cases studied are taken as a given: the facts of they are presented as found by a trial court or tribunal or as understood by an appellate court. The law of evidence is concerned with how facts are established in legal proceedings. In most contested cases, the parties offer different versions of the facts. The law of evidence establishes rules and principles that govern how the parties may try to establish their versions of the facts, and the reasoning by which the trier may determine the facts.

These materials are intended for use in second-year and third-year courses in evidence taught in a common law Canadian law school. Familiarity with subjects frequently taught in first year, particularly constitutional law, criminal law, and contracts, is assumed. Some familiarity with the trial process is also assumed. Instructors who wish to spend more time on the trial process, particularly in law schools where civil procedure is not taught in first year, might supplement the brief overview presented in chapter 1 with other material.

There is no separate law of evidence in civil cases; the principles and doctrines explored in Evidence are applicable, mutatis mutandis, in civil proceedings. But, because the admissibility of evidence is usually much more critical in criminal cases, many of the leading cases in the Canadian law of evidence are criminal cases. These cases can be disturbing to read, but if one wishes to understand the law of evidence and to reflect on its possible future development, there is no substitute for reading them.



Publication Date



Emond Montgomery


Toronto, Ontario


Evidence (Law)--Cases; Canada




Bibliographic Citation
Stewart, Hamish, Marilyn L. Pilkington, Renalda Murphy, Steven Penney, and James Stribopoulos. Evidence: A Canadian Casebook, 2nd Edition. Toronto, ON: Emond Montgomery, 2006. Print.

Evidence: A Canadian Casebook, 2nd Edition