What is the test for admissibility of documents at a trial?
British Columbia, Canada
The following excerpt is from Reischer v. Love, 2005 BCSC 580 (CanLII):
A judge decides the relevance of documents presented at a trial for admissibility purposes after hearing both parties. According to Halliday v. McCulloch, without ever hearing from the defendant, the plaintiff initially decides three things. First, whether the third party document is privileged. Second, whether the document has any investigative value to the defendant. Third, whether the document contains information of an embarrassing or confidential nature.
"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
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
What is the test for setting a trial date for adding a party to the trial? (British Columbia, Canada)
What is the value of a plaintiff's income for the period between the time of trial and the date of trial? (British Columbia, Canada)
Is it necessary for counsel to describe documents in a way that would allow the other side to view the documents in the same way? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
Is a trial judge bound by the strict rules regarding the admissibility of fresh evidence in an appeal? (British Columbia, Canada)
How have real property been valued at the date of trial rather than at trial? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
Can an applicant and respondent at a summary trial rely on expert reports, examinations for discovery, interrogatories, use of admissions, and expert reports? (British Columbia, Canada)
What is the test for an application to reopen a personal injury trial after the close of trial has been argued and reply begun? (British Columbia, Canada)
