Is a judge entitled to view the place of evidence?

Newfoundland and Labrador, Canada


The following excerpt is from Triple A Investments Ltd v Adams Brothers Ltd, 1985 CanLII 1870 (NL CA):

The only purpose of a view of any place by a judge, as provided by rule 5 of Order XLVI, is to enable him to better understand the evidence. The language of that rule is identical to that of rule 4 of the English Order L. to which Lord Alverstone, C.J., referred in London General Omnibus Company Limited v. Lavell, [1901] 1 Ch. 135, wherein he stated at pp. 138-139: “It is quite true that by rule 4 of Order L. it is provided that the judge may ‘inspect any property or thing concerning which any question may arise’ in the action; but I have never heard it said, and, speaking for myself, I should be very sorry to endorse this idea, that the judge is entitled to put a view in the place of evidence. A view, as I have always understood, is for the purpose of enabling the tribunal to understand the questions that are being raised, to follow the evidence, and to apply the evidence.”

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