Does a lawyer who appears as an advocate have to submit their own affidavit evidence before a tribunal?

Nova Scotia, Canada


The following excerpt is from Goldie v. Kings (County), 2021 NSSC 342 (CanLII):

This common law rule is reflected in Rule 5.2-1 of the Nova Scotia Barristers’ Society Code of Professional Conduct, which states that “[a] lawyer who appears as advocate must not testify or submit his or her own affidavit evidence before the tribunal unless permitted to do so by law, the tribunal, the rules of court or the rules of procedure of the tribunal, or unless the matter is purely formal or uncontroverted.” The Commentary to the Rule provides that “[t]he lawyer who is a necessary witness should testify and entrust the conduct of the case to another lawyer.” Rules of professional conduct governing lawyers are relevant, but not binding, on the court: Brogan v. Bank of Montreal, 2013 NSSC 76 at para.50.

Other Questions


Is a decision by a tribunal unreasonable if there is no line of analysis that could reasonably lead from the evidence before it to the conclusion? (Nova Scotia, Canada)
What is the standard of evidence used in medical, scientific and other medical evidence at a jury trial? (Nova Scotia, Canada)
What common professional or prevailing practice may inform the court's assessment of whether a lawyer has breached the standard of care of a reasonably competent lawyer and the duty to warn a client? (Nova Scotia, Canada)
Can a lawyer who was a witness in a civil proceeding be an advocate in that proceeding? (Nova Scotia, Canada)
What is the test for adding affidavit evidence to the record of a decision-maker in a judicial review? (Nova Scotia, Canada)
Is there any evidence to support a claim that there is no evidence supporting the existence of an underground mine? (Nova Scotia, Canada)
What is the current state of the law in the US when it comes to limiting the scope of a plaintiff’s discovery of evidence in a separate proceeding? (Nova Scotia, Canada)
What is the traditional test for the introduction of fresh evidence on appeal? (Nova Scotia, Canada)
What evidence is required to establish an occupational disease? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.