Author: Ken Proudman

This paper explores how Alberta courts have treated the law of evidence in family law matters. It examines general rules of admissibility, affidavits, exhibits. letters, wiretapping and recording, electronic evidence, evidence from other actions, hearsay, judicial notice, business records, credibility, privilege and confidentiality, lawyers as witnesses, children’s evidence, expert opinions, new evidence and fresh evidence, onuses, and publication and broadcast bans. It also considers evidence issues in the arbitration context. Lastly, the paper includes a helpful checklist and a disclosure and evidence handbook for legal support staff.

This paper is part of a collection presented at LESA’s Alberta Family Law Institute: Survive, Strive, Thrive program in Calgary on November 28–November 29, 2024.