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Evidence
COMMENTEvidence law as it bears on Ontarians comes from three main sources: the common law, Evidence Act (Ontario) (EA) and the Canada Evidence Act (CEA). The common law is judge-made law, and in this Evidence topic there are many recent extracts on a range of evidence subjects.
Ontario's Evidence Act (EA) applies to "all actions and other matters whatsoever respecting which the (SS: the provincial) Legislature has jurisdiction" [s.2 EA], which means Ontario statutes. All 60 sections of the EA have been 'split' and allocated topically across this Evidence topic.
The Canada Evidence Act (CEA) applies to "all criminal proceedings and to all civil proceedings and other matters whatever respecting which (SS: the federal) Parliament has jurisdiction" [s.2 CEA], which means federal statutes. There are fewer federal evidence court cases so for the time being I have not yet split the CEA into separate sections. The CEA is linked at the bottom of this alphabetical subject list.
OVERVIEWGENERAL
SUBJECTSALIBI
ADMINISTRATIVE
ADMISSIBILITY
ADMISSIONS
ADULTERY
ADVERSE INFERENCE/PRESUMPTION
AFFIDAVITS
ALIBI
AMPLIFICATION
APOLOGY ACT
APPLICATION
ARTIFICIAL INTELLIGENCE
ASSERTIVE CONDUCT
ASSUMPTIONS
AUDIO RECORDINGS
AUTHENTICATION
BANK RECORDS
BILLS OF EXCHANGE
BOOTSTRAPPING
BROWNE V DUNN (see 'Witnesses - Examination Stages - Cross-examination, below)
BUSINESS RECORDS
CAPACITY
CHILD WITNESSES
CIRCUMSTANTIAL EVIDENCE
COLLATERAL FACT RULE
COLLOQUY
COLLUSION
COMPELLABILITY
COMPETENCY
CONFESSIONS (see 'Admissions', above)
'CONFIRMATORY' EVIDENCE
COPIES, CERTIFICATION
CORROBORATION
COURT
CREDIBILITY
CRIMINAL CONVICTIONS
DEMEANOUR EVIDENCE
DIRECT EVIDENCE
DISCOVERY
DISCRETION
DOCUMENTS
EITHER/OR ADMISSION ERROR
ELECTRONIC RECORDS
EMBELLISHMENT
ESTATES
ESTOPPEL CERTIFICATE
EVIDENCE ACT (ONTARIO)
EXAMINATIONS
EXECUTION
EXECUTIVE LEGAL OFFICER (ELO)
EXHIBITS
EXPERT EVIDENCE (see 'Opinion', below)
EXTRINSIC EVIDENCE
FABRICATION
FOREIGN AND INTERNATIONAL LAW
FOREIGN JUDGMENTS
GATE-KEEPING
HAND-WRITING
HEARSAY
HYPOTHETICALS
IDENTIFICATION
INADVERTENT TAINTING
INCONSISTENCIES
INFERENCES
INHERENTLY INCAPABLE OF PROOF
INTERNET
INTRINSIC
JOURNALISTIC SOURCES
JUDICIAL NOTICE
JUDICIAL SIGNATURES
LAWYER'S FILE
LETTERS ROGATORY
LITIGATION DOCUMENTS
LOST EVIDENCE
MATERIALITY
MEDIA EVIDENCE
MEDIATION-ADR
MEDICAL REPORTS
MOTIVE
NARRATIVE
NOTARIES
OATHS AND AFFIRMATIONS
OATH-HELPING
OBJECTIONS
O'CONNOR APPLICATIONS
OPINION AND EXPERT EVIDENCE
PAROLE EVIDENCE
PARTY AGREEMENTS AS TO FACTS
PHONE RECORDS
PHOTOGRAPHS
POLICY GUIDELINES
POST-OFFENCE CONDUCT
POLYGRAPH EVIDENCE
PRACTICE
PREJUDICE
PRESERVATION DEMANDS
PRIOR CONSISTENT STATEMENTS
PRIOR INCONSISTENT STATEMENTS
PRIVATE NOTES AT A HEARING
PRIVILEGE
PROBATIVE
PSYCHOLOGICAL INTERPRETATION OF EVIDENCE
PUBLIC DOCUMENTS
REASONABLE PERSON
REFRESHING MEMORY
RELEVANCE
RELIABILITY
RES IPSA LOQUITOR
SELF-INCRIMINATION
SEPARATE PROCEEDINGS
SIGNATURES
SIMILAR FACT, CHARACTER AND RELATED EVIDENCE
'SOCIAL CONTEXT'
SOCIAL SCIENCE
SPECULATION
SPOLIATION OF EVIDENCE
STANDARD OF PROOF
STATUTORY ADMISSIBILITY
STEREOTYPICAL THINKING
SUMMONS
TAILORED EVIDENCE
TRANSCRIPTS AND RECORDINGS
WAGG ORDERS
WITNESSES
EVIDENCE ACT (CANADA)
HOME STATUTESFor website planning purposes, all proclaimed statutes (both Ontario and Federal) are 'home-located' within a single topic. The below statutes are the 'home statutes' for the Evidence topic.
Ontario
Apology Act, 2009 (fully split) [no amends]
Commissioners for taking Affidavits Act (allocated/not split)
Crown Witnesses Act (allocated/not split)
Electronic Commerce Act, 2000 (allocated/not split)
Evidence Act (fully split) [amended to 2024, c. 2, Sched. 19, s. 6.]O Reg 158/03 Certification of Recordings and Transcripts International Electronic Communications Convention Act, 2017 (allocated/not split)
Interprovincial Summonses Act (allocated/not split)
Notaries Act (allocated/not split)
Federal
Canada Evidence Act
SIMON'S POLITICS and EVIDENCE
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