Category Archives: Evidence
When Should Judicial Discretion Trump Expert Testimony?
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
Observations on the Fact/Opinion Distinction in Expert Opinion Evidence
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
Some Observations about Evidence in the Electronic Age
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
Alberta’s Alcohol-Related Administrative Licence Suspension Regime: The Constitutional Challenge and the Challenge to the Evidence
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
A Clarification of Evidentiary Requirements under the Protection Against Family Violence Act
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