The rules of evidence in civil trials in Canada are set out in the Canada Evidence Act and the case law. The rules of evidence are designed to ensure that the evidence presented at trial is relevant, reliable, and fair.
Some of the key rules of evidence in civil trials in Canada include:
- Relevance: Only evidence that is relevant to the issues in the case is admissible.
- Reliability: Evidence must be reliable in order to be admissible. This means that the evidence must be accurate and trustworthy.
- Fairness: Evidence that is unfair to one party or the other is inadmissible. This includes evidence that is prejudicial or that could confuse the judge or jury.
Some common examples of evidence that is not admissible in civil trials in Canada include:
- Hearsay: Hearsay is evidence that is told to a witness by someone else. Hearsay is generally not admissible because it is not reliable.
- Opinion evidence: Opinion evidence is evidence that is based on the witness’s personal opinion. Opinion evidence is generally not admissible unless the witness is an expert in the field.
- Character evidence: Character evidence is evidence about a person’s character or reputation. Character evidence is generally not admissible because it is not relevant to the issues in the case.
The judge has discretion to rule on whether or not to admit evidence. The judge will consider the relevance, reliability, and fairness of the evidence before making a decision.
If you have any questions or concerns about the rules of evidence in your civil trial, be sure to talk to your lawyer.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.