- 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.
Week Ten: – Evidence at Trial
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