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Civil Law

Schulich School of Law, Dalhousie University

Series

Civil procedure

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Abrogating The Witness Immunity Rule: How Fast? How Far?, Robert Currie Jan 2013

Abrogating The Witness Immunity Rule: How Fast? How Far?, Robert Currie

Articles, Book Chapters, & Popular Press

This article examines the current state of the witness immunity rule in Canada (i.e. the rule that individuals, especially experts, are immune from tort actions which might arise from their participation in court proceedings). In light of the UK Supreme Court's modification of the rule in Jones v. Kaney (2011), some proposals are made for restricting the scope of the rule and thus allowing meritorious litigation to proceed in spite of it.


Destruction Of Documents Before Proceedings Commence: What Is A Court To Do?, Camille Cameron, Jonathan Liberman Jan 2003

Destruction Of Documents Before Proceedings Commence: What Is A Court To Do?, Camille Cameron, Jonathan Liberman

Articles, Book Chapters, & Popular Press

The effective performance by courts of their adjudicative role depends on the availability of relevant evidence. In civil proceedings, the discovery process aims to ensure that such evidence is available. If documents that would be relevant evidence in a trial are destroyed, a fair adjudication is made difficult, if not impossible. This is so whether the destruction of documents occurs before or after proceedings commence. This article asks what a trial judge should do in a situation where relevant evidence is unavailable because one of the parties has destroyed documents before the proceedings commenced but anticipating that such proceedings were …