Can non-insane automatism be a defence in a civil case?
Ontario, Canada
The following excerpt is from Vaillancourt v. R., 1974 CanLII 44 (ON CA):
If non-insane automatism is being suggested there is no evidence upon which a jury could reasonably come to the conclusion that it could be applied as a defence in this case and in this respect we refer to Bratty v. A.-G. for Northern Ireland, [1963] A.C. 386.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law or case law that states that parties are not aware of the effect of the case on the other side? (Ontario, Canada)
What is the defence of defence in a sexual assault case? (Ontario, Canada)
If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert? (Ontario, Canada)
Is there any case law where the defence called no evidence to support the presumption of negligence in a motor vehicle accident case? (Ontario, Canada)
What is the defence of the defence in a personal injury case? (Ontario, Canada)
Can a motion judge strike a jury in a civil case because of the increased uncertainty in the Ottawa area due to the delay for any civil jury trial, in Ottawa? (Ontario, Canada)
Can a defence of qualified privilege be defended in a defamation case? (Ontario, Canada)
What is the test for a jury to dismiss a defence case? (Ontario, Canada)
Is there a requirement for the defence to disclose decisions on whether to continue to defend against the Crown in a sexual assault case? (Ontario, Canada)
What is the appropriate test for determining the degree of force used by the trier of fact in a civil case? (Ontario, Canada)
