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.
"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.