Proof of Date, Handwriting and Signature of Documents
108 (1) Documents are presumed to have been executed on the date of execution stated therein but, where there is no date, a wrong date, or conflicting dates, the true date may be proved by oral or other evidence.
(2) When the handwriting of or signature on an unattested document is in issue, the disputed fact may be proved
(a) by the testimony of
(b) by a comparison of the disputed writing with other writing proved to the satisfaction of the court to be genuine; or
(c) by an admission under paragraph 8(d) or 37(b).
Proof of Execution of Attested Documents
109 When the execution of an attested document is in issue, whether or not attestation is required by statute for its effective execution, no attestor is a necessary witness even if all attestors are available.
Division XIIIReal Evidence
Admissibility of Real Evidence
(2) Unless the quality or condition of a document is in issue it is not admissible as real evidence.
Introduction of Real Evidence
111 Real evidence may be introduced in the following ways:
(a) by the production by a witness of the material object for inspection of the court;
(b) by experimentation in the presence of the court; or
(c) by a visit of the court to view a place, thing or person, under QR&O 112.63.
Division XIVForeign Law
(2) The judge advocate shall, if he so desires or the court so requests, advise the court on the effect of the evidence of an expert witness as to the law of a country other than Canada, and the meaning or construction of that law as proved.
- Date modified: