Strike evidence in DOCM

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Aug 6th, 2022
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How to strike evidence in DOCM

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all right hello and welcome to this evidence video capsule and this is gonna be a fun little capsule and I do say little and the reason itamp;#39;s gonna be short is because even ten years ago this would have been a very complex capsule with a lot of issues surrounding competence and compel ability luckily for all of us these rules have been radically streamlined in the modern era and the rules about witness competence are virtually irrelevant compel ability still plays a factor but nowadays understanding the rules is as simple as one two three so letamp;#39;s just jump right into it so in our system of justice in Canada we believe first and foremost that it is witnesses who should provide the bulk of the evidence we certainly try to narrow the nature of disputes through admissions and sometimes use judicial notice to prove obvious things and as I will show in another capsule we obviously admit lots of documents and real evidence to prove things but first and foremost we want witness

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The test on a motion to strike under rule 21.01(1)(b) is: assuming that the facts as stated in the statement of claim can be proved, is it plain and obvious that the plaintiffs statement of claim discloses no reasonable cause of action?: Hunt v. T N plc, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959 (at para.
Striking Testimony: On some occasions, after a witness has testified, the judge will order certain evidence stricken from the record and will direct the jury to disregard it. When this is done, the jury will treat the evidence stricken as though it had never been given.
A motion to strike is when one party is asking the judge to remove all or part of the claim. The judge will either leave the pleading as it is, strike the offending portion with leave to amend, or strike it without leave to amend.
At the trial stage, a party may wish to make a motion to strike to remove evidenceusually part of a witnesss testimonyfrom the court record, with the jury instructed to disregard the evidence. This is commonly accomplished by raising an objection, which a judge can either sustain or overrule.

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