Category Archives: Evidence

When Should Judicial Discretion Trump Expert Testimony?

Posted on April 7, 2016 by Erin Sheley

By: Erin Sheley PDF Version: When Should Judicial Discretion Trump Expert Testimony? Case Commented On: R v Clark, 2016 ABCA 72 (CanLII) In Regina v Clark the Alberta Court of Appeal reinforced the principle that trial courts should enjoy broad … Continue reading →

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Observations on the Fact/Opinion Distinction in Expert Opinion Evidence

Posted on August 5, 2015 by Michael Nesbitt

By: Michael Nesbitt PDF Version: Observations on the Fact/Opinion Distinction in Expert Opinion Evidence Case Commented On: Dow Chemical Canada ULC v Nova Chemicals Corporation, 2015 ABQB 401 (CanLII) This decision of the Court of Queen’s Bench concerns the admissibility … Continue reading →

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Some Observations about Evidence in the Electronic Age

Posted on July 28, 2015 by Shaun Fluker

By: Shaun Fluker PDF Version: Some Observations about Evidence in the Electronic Age Case Commented On: Kon Construction v Terranova Development, 2015 ABCA 249 This Court of Appeal decision concerns a dispute over the performance of a contract. Terranova retained … Continue reading →

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Alberta’s Alcohol-Related Administrative Licence Suspension Regime: The Constitutional Challenge and the Challenge to the Evidence

Posted on December 6, 2013 by Jennifer Koshan

PDF Version: Alberta’s Alcohol-Related Administrative Licence Suspension Regime: The Constitutional Challenge and the Challenge to the Evidence Case commented on:  Sahaluk v Alberta (Transportation Safety Board), 2013 ABQB 683 Several applicants are challenging the constitutionality of Alberta’s Alcohol-Related Administrative Licence … Continue reading →

Posted in Civil Procedure, Constitutional, Evidence | 1 Comment

A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act

Posted on August 21, 2009 by Jennifer Koshan

Cases Considered:  J.S. v. D.J.K., 2009 ABQB 426. PDV Version: A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act Justice Donald Lee is a prolific author of judgments posted to the Alberta Courts website, and one of … Continue reading →

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