Preparing for trial: issues, evidence and organization

Question 1

Each party must serve on every other party and file with the court a list of proposed witnesses-which form and when?

Answer 1

Form 13A, at least 14 days prior to the settlement conference

Question 2

Paralegal Rule 4 requires that a paralegal disclose to a witness

Answer 2

the paralegal’s interest in the litigation, regardless of whether the witness is represented.

Question 3

Once a witness has given their statement, the written statement should be

Answer 3

provided to the witness for verification and signature

Question 4

Small Claims Court Rule 18.01 provides that the evidence of a witness at an assessment hearing/undefended action may be

Answer 4

proved by affidavit (in writing) instead of the witness attending

Question 5

Rule 18.03(1) provides that a party who requires the attendance of a witness in ONtario at trial may

Answer 5

serve the person with a summons to witness- Form 18A

Question 6

The summons to witness must be

Answer 6

personally served on the witness at least 10 days before the trial date. Attendance money must be payed or tendered at the time the summons is served

Question 7

Section 8 of the Evidence Act states that

Answer 7

an adverse party is a compellable witness

Question 8

Section 27 of the Courts of Justice Act sets out the primary

Answer 8

law of admissability for oral testimony, documents, or other things in SMall Claims Court proceedings

Question 9

What is the purpose of Section 27 of the Courts of Justice Act

Answer 9

to liberalize the admission of evidence and facilitate the administration of justice

Question 10

What is the standard of admissability for evidence?

Answer 10

that the court may admit as evidence anything that isrelevant to the subject matter of the court proceeding, whether or not it is admissible in another court

Question 11

What are the two categories of relevance for the admission of evidence in Small Claims?

Answer 11

Relevant to a fact in dispute or relevant to the credibility of a witness

Question 12

Evidence may be considered more prejudicial than probative where

Answer 12

• it leads to irrational conclusions
• it misleads, confuses, or detracts the trial judge from the main issue
• surprises the other party
• impairs a fair trial

Question 13

What is the definition of hearsay?

Answer 13

• the statement is adduced as proof of its contents
• the opportunity for a contemporaneous cross-examination of the speaker is absent

Question 14

In Small Claims, hearsay evidence may be admitted, but

Answer 14

the trial judge is entitled to determine the weight to be placed on it

Question 15

Medical reports are admissable if they are

Answer 15

signed by the practitioner. A signed medical report must be served with the name, contact info and qualifications of the practitioner attached to the report, on all other parties at least 30 days prior to the trial date

Question 16

Business records are admissible only if

Answer 16

there is evidence that the record was made in the ordinary course of business and if it was in the usual and orginary course of business for the record to be made. Business records must be served on all other parties to an action at least 30 days prior to the trial date

Question 17

The provincial Evidence Act applies to

Answer 17

civil trials concerning matters that are within the jurisdiction of the provincial government

Question 18

The Canada Evidence Act applies to

Answer 18

all civil and criminal proceedings concerning matters over which the feds have jurisdiction

Question 19

What material should be included in a trial brief?

Answer 19

• copies of all pleadings in the state of their final amendments
• copies of all relevant orders or other proceedings that may affect the condiuct of the trial. Affidavits and other material in support of motions
• copies of essential documents
• master index of documents
• witness statements/summary of statements
• expert reports and opinions
• an analysis of the case and the legal issues
• a collation of the evidence (statement of material facts, chronology of events, list of exhibits, memoranda of law, memoranda of other parties’ lawyers and agreements/court orders about the conduct of the trial)

Question 20

What is a brief of law

Answer 20

summary of issues, including statutes, regulations, and cases, to be prepared for the trial judge. Should be submitted to the trial judge in advance of the trial or at the beginning of the trial so that the judge can read the relevant caselaw while the trial is progressing