1162740 Ontario Limited v. Pingue, 2017 ONCA 52:
[36] In my view, every document or thing put to a witness or to the trial judge as a piece of evidence should be made a numbered or lettered exhibit. I would also add this: although trial judges have discretion in whether to mark as exhibits, out-of -court statements that are used solely to impeach the credibility of a witness, for the same reasons the best practice is to mark such statements as lettered exhibits for identification, if not as numbered exhibits: Ontario Courtroom Procedure, at p. 945-946; and R. v. Betker, [1997] O.J. No. 1578, 115 CCC (3d) 421 at 430 (C.A.).
Of the Law Societies of Upper Canada and Nunavut
This is an excellent statement of law.
ReplyDeleteIt applies in the administrative law context as well.
Where a tribunal agrees to make certain documents part
of record for "any further proceedings which may arise"
from their decision, it is a serious issue and an error
of law for the tribunal to file a lesser record of
proceedings not including those documents which they
identified on the record in the matter under review.