Can an applicant give evidence at a confirmation hearing?

Alberta, Canada


The following excerpt is from McCaffrey v. Dalla Longa, 2008 ABQB 183 (CanLII):

In MacLean v. Gerhardt, [2000] N.W.T.J. No. 55, 2000 NWTSC 49, Vertes J. allowed an applicant to give evidence at a confirmation hearing. In discussing the procedure set out under s. 19 of the Act, Vertes J. noted: It is meant to be an ex parte hearing where the respondent may raise any matter that could have been raised in the ex parte hearing held at the behest of the applicant in Prince Edward Island. The applicant in this case, however, has now returned to live in this jurisdiction. He was present in court when this matter was called. I allowed him to present evidence and make submissions (after the respondent had done the same). In this manner I was able to hear from both sides. ...

Other Questions


What is the current state of the law on the right of an applicant at a medical malpractice hearing to file new evidence at the hearing? (Alberta, Canada)
Is character evidence admitted and accepted into evidence in a human rights panel hearing? (Alberta, Canada)
What constitutes “non-expert opinion evidence” in identification evidence at trial? (Alberta, Canada)
What is the test for admitting fresh evidence at a hearing? (Alberta, Canada)
What is the rationale for excising erroneous, fraudulent and misleading evidence in a search warrant application? (Alberta, Canada)
What is the applicable law for a Summary Dismissal Application? (Alberta, Canada)
Is a finder of fact not compelled to discount the evidence of a witness on a point when an opposing witness has not been confronted and challenged with the contrary version of the evidence? (Alberta, Canada)
What is the test for an application to admit new evidence after a decision has been rendered? (Alberta, Canada)
What is the test for an application to appeal against a finding that an application is frivolous? (Alberta, Canada)
What is the impact of a decision by the Court of Appeal to re-open an application for fresh evidence? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.