SUPREME COURT OF NOVA SCOTIA
Citation: Saturley v. CIBC World Markets Inc., 2012 NSSC 389
Date: 20121108
Docket: Hfx No. 305635
Registry: Halifax
Between:
Fredrick Thomas Saturley
Plaintiff
v.
CIBC World Markets Inc.
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: November 1, 2012, in Halifax, Nova Scotia
Written Decision: November 8, 2012 (Re Motion on Telephone Records)
Subject: Evidence - Admissibility of Documents
Civil Procedure - CPR 51.03
Summary: The defendant sought to introduce records during trial which had only been disclosed to the plaintiff in redacted form.
Issue: Should the complete unredacted report have been disclosed and, if so, would it be unjust to exclude it at trial?
Result: The Court determined that the defendant should have disclosed the unredacted report prior to trial. It weighed the applicable factors under CPR 51.03(1) and determined that it would be unjust to exclude the full report in the circumstances. The issue of costs was deferred until the conclusion of trial.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.