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

See all articles by Benjamin L. Berger

Benjamin L. Berger

York University - Osgoode Hall Law School

Abstract

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

Berger, Benjamin L., The Rule in Hodge's Case: Rumours of its Death are Greatly Exaggerated. Canadian Bar Review, Vol. 84, No. 47, 2005. Available at SSRN: https://ssrn.com/abstract=657781

Benjamin L. Berger (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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