ARTICLES & PUBLICATIONS

Civil Evidence Handbook, Carswell Publishing, 1986 (et seq.) Gordon D. Cudmore H.B.A., LL.B. LL.M.
A quick and succinct reference to evidentiary matters. Includes the Evidence Acts from all common law provinces as well as the Canada Evidence Act and a concordance to these Acts. Colour-coded tabs conveniently direct the user to the topics covered • admissibility • relevance • burden of proof • presumption • judicial notice • competence and compellability • pleadings • interpreters • examination-in-chief • impeaching your own witness • cross-examination • re-examination • reply evidence • experts (opinion evidence) • parole evidence rule • hearsay • exceptions to the hearsay rule • demonstrative evidence

Choate on Discoveries, Carswell Publishing, 1993 (et seq.) Gordon D. Cudmore H.B.A., LL.B. LL.M.
With more than nine out of ten civil actions resolving before trial, mastery of the discovery process is the civil litigator’s most important skill. This book provides practitioners with both a procedural and analytical framework for the discovery process, covering examination of persons and examination of documents, as well as less commonly used discovery tools such as physical examinations, interrogatories, and inspection of property. Features include the discovery rules for all Canadian common law jurisdictions, a table of concordance linking the discovery rules from all jurisdictions to facilitate use of caselaw, and caselaw summaries that are clear and concise.

The Mystery of Hearsay, Carswell Publishing, 2009 Gordon D. Cudmore H.B.A., LL.B. LL.M.
The law of evidence continues to be a work in progress with the gates to admissibility continually being a primary focus in that evolution. Nowhere is this more evident than in the rule against hearsay, with the shift in Canada from a rule governed more by its exceptions than its primary focus, to a Principled Approach.
This book examines that development, not only from its introduction into Canadian Law, but also in comparison to the English and American procedure which cling to a rule-oriented approach. The Mystery of Hearsay discusses the history and nature of hearsay to provide an understanding of its application in all three jurisdictions (Canada, England, and the United States) and why perhaps, more than any other type of evidence, hearsay is a necessary evil.