What is the test for admitting the contents of a document?

Newfoundland and Labrador, Canada


The following excerpt is from Marystown Shipyard Ltd v K/S A/S Offshore Atlantic, 1990 CanLII 6486 (NL CA):

The concept that a person may be deemed to have admitted the contents of a document which is submitted to him and makes charges or claims against him is a limited one. In Richards v. Gellatly (1872), L.R. 7 C.P. 127, at page 131, Willes, J., said: "It seems to have been at one time thought that a duty was cast upon the recipient of a letter to answer it, and that his omission to do so amounted to evidence of an admission of the truth of the statements contained in it. But that notion has been long since exploded and the absurdity of acting upon it demonstrated. It may be otherwise where the relation between the parties is such that a reply might be properly expected."

Other Questions


Can extrinsic evidence be admitted in proof of illegal purpose? (Newfoundland and Labrador, Canada)
What is the current state of the law on admitting new evidence on judicial review? (Newfoundland and Labrador, Canada)
Does a party have a prima facie right to see documents in a civil proceeding? (Newfoundland and Labrador, Canada)
Is a document sufficient to satisfy the rule of the Rules of Civil Procedure? (Newfoundland and Labrador, Canada)
What is the test for proportionality in disclosure of documents? (Newfoundland and Labrador, Canada)
What is the legal test for admitting new evidence in a personal injury case? (Newfoundland and Labrador, Canada)
What is the test for establishing that information supplied to a public body is confidential? (Newfoundland and Labrador, Canada)
What is the test for a jury in a sexual assault trial where there are two competing versions of the facts? (Newfoundland and Labrador, Canada)
Is an exclusive possession order valid for occupation rent? (Newfoundland and Labrador, Canada)
What is the mandatory minimum sentence for possessing a firearm in furtherance of a crime of violence? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.