What is the test for access to exhibits in a civil trial?
Nova Scotia, Canada
The following excerpt is from Coltsfoot Publishing Ltd. v. Foster-Jacques, 2012 NSCA 83 (CanLII):
Access to exhibits is a corollary to the open court principle. In the absence of an applicable statutory provision, it is up to the trial judge to decide how exhibits can be used so as to ensure that the trial is orderly. This rule has been well established in our law for a very long time. As long ago as in Attorney General of Nova Scotia v. MacIntyre, 1982 CanLII 14 (SCC), [1982] 1 S.C.R. 175, at p. 189, Dickson J. (As he then was) wrote: Undoubtedly every court has a supervisory and protecting power over its own records. Access can be denied when the ends of justice would be subverted by disclosure or the judicial documents might be used for an improper purpose. [other authorities omitted]
"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
How much is a child entitled to access expenses when the access costs are "unusually high"? (Nova Scotia, Canada)
Is there any basis to support a finding that the trial judge erred in principle by failing to take into account the impact of a motor vehicle accident on a young motorcyclist with chronic myofascial pain and fibromyalgia? (Nova Scotia, Canada)
Can a trial judge impose terms and conditions on an award of custody? (Nova Scotia, Canada)
What is the threshold requirement of material change for variation of an order for access to a child? (Nova Scotia, Canada)
In what circumstances will access to a child be terminated? (Nova Scotia, Canada)
In what circumstances will a judge order costs for work "thrown away" as a result of an adjournment granted on the first day of a trial? (Nova Scotia, Canada)
What is the test for standing in a civil action? (Nova Scotia, Canada)
What is the effect of a motion to strike or strike portions of an affidavit from a party in a civil matter? (Nova Scotia, Canada)
Whether a judge is sitting alone or presiding with a jury in a civil matter, whether the judge is a single judge or a jury? (Nova Scotia, Canada)
Is exclusion of common law couples from the property division and support regimes applicable to married and civil union spouses violated section 15(1) of the Charter? (Nova Scotia, Canada)
