- Home
- Books and Journals
- Irwin Law: The Law of Evidence (Sixth Edition)
- Chapter 3 - Character Evidence
16. Character Evidence in Civil Cases
Author | David M. Paciocco - Lee Stuesser |
Profession | Justice of the Ontario Court of Justice - Professor of Law, Bond University |
Pages | 98-102 |
Page 98
Unless the character of a party to a civil proceeding is directly in issue, or unless the civil case raises allegations of a criminal nature, good character evidence cannot be called.
Page 99
Evidence demonstrating the bad character of a party that is presented as circumstantial proof of what happened must satisfy the similar fact evidence rule to be admissible, although that rule tends to operate more generously and subject to different considerations than in a criminal case
Character evidence tends not to play as large a role in civil litigation as it does in the prosecution of criminal offences. Where the character of a litigant is directly in issue, as in a defamation action, character evidence is admissible, although the methods by which it can be adduced are controlled.223Where character is not directly in issue, some of the civil evidence rules are more restrictive than those that apply in criminal cases.
Proof that a party is of good character is not generally admissible. This restriction has been explained historically on the questionable basis of irrelevance; whereas a person of good character would not commit a crime, the same cannot be said of civil wrongs.224Better rationales include that in criminal cases we allow such proof because of the liberty interest of accused persons, while in civil cases priority is given to keeping litigation manageable, to avoiding the confusion of issues, and to preventing unfair surprise to the litigants. Exceptionally, where the civil suit alleges what are in substance criminal acts, a party may be permitted to prove their good character in response. In Plester v. Wawanesa Mutual Insurance Co., for example, an arson allegation by an insurance company made against the plaintiff opened the door to good general reputation evidence about the plaintiff.225
The admission of evidence demonstrating the bad character of parties in a civil case is governed by the similar fact evidence rule, where that evidence is presented as circumstantial evidence about what happened. There is a tendency, however, to overuse the rule, just as there is in
Page 100
criminal cases. Kotylak v. McLean’s Agra Centre Ltd. was a products liability case.226Evidence was offered by other farmers that, like the plaintiff’s crops, their crops were also damaged by the "seed boot" supplied by the defendant. The trial judge admitted the evidence, but not before applying the similar fact evidence rule. The testimony of the other farmers was not, however, about the character of the defendant. It was about the...
To continue reading
Request your trial- Irwin Law: The Law of Evidence (Sixth Edition)
- Chapter 3 - Character evidence
- 1. Introduction
- 2. Discreditable Conduct Evidence Called by the Prosecution in a Criminal Case
- 3. The Prohibited Inference
- 4. The “Similar Fact Evidence” Rule Described
- 5. Step 1 in the Analysis: Weighing Probative Value
- 6. Step 2 in the Analysis: Assessing Prejudice for the Purpose of Admissibility
- 7. The Balancing
- 8. The Mandatory Direction
- 9. The Special Case of Proving Identity through Similar Fact Evidence
- 10. The Problem of Multi-count Indictments or Informations
- 11. Character Evidence Called by an Accused (Against a Co-accused)
- 12. “Good” or Exculpatory Character Evidence Called by an Accused: Introduced
- 13. Good Character Evidence and Modes of Presentation
- 14. Good Character Evidence and Crown Rebuttal Evidence
- 15. The Character of Third Parties in Criminal Cases
- 16. Character Evidence in Civil Cases
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.