What is the test for allowing a defendant to read in evidence?
Ontario, Canada
The following excerpt is from Flying E. Ranche Ltd. v. Attorney General of Canada, 2021 ONSC 4301 (CanLII):
The defendant, however, relies on the ruling of Mew J. in Chandra v. CBC, 2015 ONSC 8140. There, in the course of a lengthy trial, after referring to the Austin v. Bubela decision, Mew J. permitted certain passages to be read in which, he concluded, were not for impeachment purposes but for “filling gaps with detail that it was felt unnecessary to explore at trial because of the evidence that had already been given at discovery; and to the extent that the read-ins consist of admissions, to record those admissions.” Mew J. stated that the fundamental question is fairness to the plaintiff in having an opportunity to respond, and fairness to the defendant which appeared to rely upon the “presumptive ability” to read in evidence under Rule 31.11 in structuring its defence. However, Mew J. said as well that he would be prepared to consider a request by the plaintiff to give evidence in reply to address whatever was read in.
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