Skip to main content
Article
The Rule in Hodge's Case: Rumours of its Death are Greatly Exaggerated
Canadian Bar Review. 84.47
  • Benjamin Berger, Osgoode Hall Law School of York University
Document Type
Article
Publication Date
1-1-2005
Disciplines
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.

Citation Information
Berger, Benjamin L. "The Rule in Hodge's Case: Rumours of its Death are Greatly Exaggerated." Canadian Bar Review. 84.47 (2005).