How will the trier of fact assess evidence and argument with respect to complex accounting information?

Alberta, Canada


The following excerpt is from Reid v. Graybriar Industries Ltd., 2003 ABQB 1033 (CanLII):

It appears from the materials presented by the Defendants by Counterclaim that the trier of fact will be called upon to assess evidence and argument with respect to complex accounting information involving the companies’cash positions, their indebtedness to their shareholders, the shareholder equity in the said companies, and the various tax implications of certain transactions. In addition, expert evidence will be adduced on the reasonableness of the interest rates and placements fees charged in the transaction, land development relating to the residential housing industry, and real estate appraisals. Similar to Von Hagen v. Gidosh, 1999 ABQB 1070, the complexity of the evidence will necessitate a prolonged examination of documents and arguments of a highly technical nature, which examination cannot conveniently be made by a jury.

Other Questions


What are a number of cases that support the argument that objection to admissibility of evidence is to be made at the time the evidence is tendered? (Alberta, Canada)
Can information and documents produced by a bank pursuant to a court order granted in respect of a tracing claim be used for allied purposes? (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 duty of an accountant to provide financial information to the general public? (Alberta, Canada)
When can a witness give evidence that is not in evidence at trial? (Alberta, Canada)
What constitutes “non-expert opinion evidence” in identification evidence at trial? (Alberta, Canada)
What services provided by a professional accountant may not be within the broad scope of reviewing and reporting on financial information? (Alberta, Canada)
Is there any case law that supports the argument that the use of evidence that could not have been obtained but for the purposes of the trial was unfair? (Alberta, Canada)
What is the test for assessing exculpatory evidence in a sexual assault trial? (Alberta, Canada)
Is there any case law that supports the argument that information on the probability of a result is a material risk? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.