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Rule in Hollington v Hewthorn, Final Report 16


The rule in Hollington v Hewthorn says that evidence of a criminal conviction is not admissible in subsequent civil proceedings to prove the facts on which the conviction is founded, where those facts are an issue in the civil proceedings. There has been widespread criticism of the rule. The strongest argument against change is that the trier of fact in the civil action may give more weight to the conviction than it deserves. The risk […]

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ENACTMENT

The Attorney General Statutes Amendment Act, 1976, S.A. 1976, c. 57, s. 1 amending the Alberta Evidence Act (now R.S.A. 2000, c. A-18, s. 26).

February 1, 1975

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