EVIDENCE |
Halford v. Seed Hawk Inc.
T-2406-93
2001 FCT 1195, Pelletier J.
2/11/01
6 pp.
At issue admissibility of slides taken by, in presence of witness, Mr. Huhtapalo--Counsel for defendant Seed Hawk Inc. seeking to introduce them into evidence to illustrate public use of certain devices as part of case in relation to prior art, anticipation--R. 232 prohibits, "unless the court orders otherwise" introduction of documents into evidence which have not been disclosed in party's affidavit of documents--Disclosure to other side herein--Request for presence of counsel originated with witness, did not represent attempt by defendants to limit access to witness--Latter under no obligation to agree to interview, could stipulate such conditions as he chose--Having been disclosed, slides in question admissible if normal requirements for admissibility met--Fairly low threshold of admissibility met herein--Slides not inadmissible even if evidentiary value may be minimal--Motion to have slides admitted in evidence granted--Federal Court Rules, 1998, SOR/98-106, r. 232.