Week Ten: – Evidence at Trial

  • The different types of evidence in a civil trial: oral evidence (testimony), admissions, read-ins, documents, photographs and videos, objects, etc… excerpts from Introducing Evidence at Trial, 2rd Continuing Legal Education Society of BC, 2012.
  • Basic concepts on the law of evidence – excerpts from Sopinka, Lederman & Bryant, The Law of Evidence in Canada, 4th ed, LexisNexis Butterworths Canada.
    • See Crawford v. Nazif, 2019 BCSC 2337
  • Direct examination of a witness – the difference between lay witnesses and experts; how are questions asked (opened ended questions versus leading questions), hearsay evidence and exceptions, and avoiding adverse inferences.
  • Cross examination of witnesses – pick your battles and know the answer before you ask the question!
  • Redirect of a witness – limits, landmines, and loopholes.
  • Introducing documents (business records, clinical records, tax returns), photographs and videos at trial.
  • Psychology of persuasion: simpler is better when deciding what evidence to adduce at trial.