Tagged evidence

Why Civil Litigators Have to Keep Current on Criminal Law

In the privacy of mediation rooms, I often listen to assertions made by counsel about certain facts, such as soft-tissue injuries suffered in a car crash, and then I ask: How are you going to prove that? I may as well have asked a question about Heidegger’s thoughts on the revelation of reality.  The lack, most of the time, of a satisfactory answer to my question comes from the apocryphal nature of the rules of civil evidence in Canada, and from the dearth of actual trial experience among litigators called to the bar in the last 15 years. (la version française…