The Rule in Hodge's Case: Rumours of its Death are Greatly Exaggerated

Authors

Benjamin Berger, Osgoode Hall Law School of York UniversityFollow

Document Type

Article

Publication Date

2005

Source Publication

Canadian Bar Review. 84.47

Abstract

Certain academic commentators and Canadian courts have announced the death of the rule in Hodge's Case. The author challenges this proclamation of death, observing that Hodge's rule is a particular manifestation of the epistemology that informs our law of evidence. He argues not only that the rule is doctrinally intact, but that the principles and spirit that animate Hodge's rule have broad influence in our law of evidence and have utility in the appellate review of unreasonable verdicts. Hodge's rule, Hodge-like reasoning, and the associated epistemology, are alive and well in Canada.

Repository Citation

Berger, Benjamin L. "The Rule in Hodge's Case: Rumours of its Death are Greatly Exaggerated." Canadian Bar Review. 84.47 (2005).