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The Residual Exception to Hearsay Rule and the Use of Corroborative Evidence

In Case Comments, Evidence Law, Hearsay, Hearsay, Teaching Capsules by Peter SankoffLeave a Comment

This capsule explores the manner in which corroborative evidence can be used to render hearsay evidence “reliable” and hence admissible under the residual exception the rule. In particular, it assesses the impact of the Supreme Court’s decision in R v Bradshaw, 2017 SCC 35. If you enjoyed this post, do me a favour and share!

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Burden of Tendering Admissions When Identity is Disputed

In Burden of Proof, Evidence Law, Hearsay, Hearsay, Teaching Capsules, Theory and Principle, Theory and Principle by Peter SankoffLeave a Comment

Tendering admissions made by the defendant in a criminal case is easy – except when there is reason to dispute whether it was the defendant who actually made the statement. Then things can get complicated in a hurry. This Video Blog attempts to sift through some contradictory jurisprudence and provide a framework for admitting statements in these situations. If you …

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The Exception to Traditional Hearsay Exceptions (10mins)

In Evidence Law, Hearsay, Hearsay, Teaching Capsules by Peter Sankoff1 Comment

In this video blog, I address the Ontario Court of Appeal’s recent decision in R. v. Lougaranth, 2016 ONCA 550, which addresses one question: in what circumstances can hearsay that comes within the confines of a traditional hearsay exception nonetheless be excluded?  If you are new to your understanding of the residual exception to the hearsay rule, I strongly suggest you …