The Rule in Hodge's Case: Rumours of its Death are Greatly Exaggerated
Canadian Bar Review, Vol. 84, No. 47, 2005
28 Pages Posted: 1 Feb 2005
Certain academic commentators and Canadian courts have announced the death of the rule in Hodge's Case. The author challenges this proclamation of death, observing that Hodge's rule is a particular manifestation of the epistemology that informs our law of evidence. He argues not only that the rule is doctrinally intact, but that the principles and spirit that animate Hodge's rule have broad influence in our law of evidence and have utility in the appellate review of unreasonable verdicts. Hodge's rule, Hodge-like reasoning, and the associated epistemology, are alive and well in Canada.
Keywords: Evidence, Canada, Epistemology
JEL Classification: K1, K14, K19
Suggested Citation: Suggested Citation