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Testimony

The oral evidence of a witness in a judicial proceeding, such as a trial.

P. G. Osborne, in his 1954 Concise Law Dictionary,  defined testimony as:

"The evidence of a witness given viva voce in court."

However, the law has evolved and changed such that much testimony is now accepted by the Court in the form of affidavits, depositions or other such like statements taken under oath.

In a 1980 case, Sternson Ltd. v CC Chemicals Ltd., Justice Cattanach of Canada's Federal Court used these words:

"Testimony is ... defined as properly meaning ... only such evidence as is delivered by a witness on the trial of a cause, either orally or in the form of affidavits or depositions."

REFERENCES:

Sternson Ltd. v. CC Chemicals Ltd. 116 D.L.R. (3d) 239


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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