What is the effect of having to make a decision on an oral argument in a civil action?

Alberta, Canada


The following excerpt is from Masson (Re), 1992 CanLII 6292 (AB QB):

Any decision by me on that issue based on the conflicting non- oral evidence would essentially be a decision made by flipping a coin. I face the serious problem mentioned (in the context of a civil action) in Lyons Brimacombe Albert & Cook v. Kemeridis (1990), 110 A.R. 6 (Master).

Other Questions


Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
What is the test for determining an amount received by reason of action against an employer as a result of action taken against it? (Alberta, Canada)
Can events arising from a prior action be the foundation for a new action? (Alberta, Canada)
What is the role of the Rules of Civil Procedure in the administration of civil justice in Canada? (Alberta, Canada)
Can a learned trial judge order that a constructive trust action be used in a divorce action? (Alberta, Canada)
What is the test for an action under which an action cannot succeed? (Alberta, Canada)
What is the meaning of intent without corresponding action in a divorce action? (Alberta, Canada)
What is the effect of a spouse’s argument that the value of their property is to be divided according to the value it retains at the time of trial? (Alberta, Canada)
Does s.32 and the Rules of Civil Procedure apply to separate actions in a Statement of Claim and Counterclaim? (Alberta, Canada)
Can a certificate of conviction be used in a civil action? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.