When can a witness give evidence that is not in evidence at trial?

Alberta, Canada


The following excerpt is from Edmonton (City of) v. Lovat Tunnel Equipment Inc., 2000 ABQB 882 (CanLII):

In Hayhurst v. Innisfail Motors Ltd., supra, pp. 275-276 Harvey C.J.A. expressed the view that: ...when he puts in evidence any portion of such examination it becomes evidence and it requires no rule to make it tell against him if it has that effect. He must take the burden, if any there be, with the benefit he receives. Whether, however, that burden extends to the benefit of another party is a quite different matter. Evidence in the ordinary way is by viva voce sworn testimony and when such evidence is given at a trial it is of course evidence for all parties but evidence given in any other way must be subject to the rule or principle under which it becomes evidence and the rule in question so far as already referred to appears to be dealing only with the issue between the two parties and would have no application to an issue between any other two parties and there would seem no more reason why a third party should get the benefit of evidence so given than that he should be subject to the burden of it.

Other Questions


Is a finder of fact not compelled to discount the evidence of a witness on a point when an opposing witness has not been confronted and challenged with the contrary version of the evidence? (Alberta, Canada)
What constitutes “non-expert opinion evidence” in identification evidence at trial? (Alberta, Canada)
Is new evidence submitted as fresh evidence admissible at trial? (Alberta, Canada)
Is evidence of a statement made to a witness by a person who was not himself called as a witness admissible? (Alberta, Canada)
What is the test for assessing exculpatory evidence in a sexual assault trial? (Alberta, Canada)
What is the effect of the trial judge's disapproval of how the police gathered evidence during the investigation? (Alberta, Canada)
What is the test for credibility of witness testimony when there is conflicting evidence? (Alberta, Canada)
How has the court treated a request for additional evidence in the context of the trial? (Alberta, Canada)
Is there any case law that supports the argument that the use of evidence that could not have been obtained but for the purposes of the trial was unfair? (Alberta, Canada)
In what circumstances will a jury allow evidence of marihuana plants to be admitted at trial? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.