By Tell Stephen and Barbara E. Cotton

Rule 263 provides as follows with respect to use of evidence from one trial in another proceeding:

263. An order to read evidence taken in another cause or matter is not necessary; but that evidence may, with all just exceptions, be read

(a) on ex parte applications by leave of the court to be obtained at the time of making the application, and

(b) in any other case, upon the party desiring to use such evidence, giving two days' previous notice to the other parties of his intention to read the evidence.

On a simple reading of the rule, it does appear that evidence from any trial may be used by anyone in a subsequent proceeding or matter. However, it is clear that evidence adduced or entered in a trial may not be used in another trial unless certain common law requirements are met. Stevenson and Cote in Alberta Civil Procedure Handbook 2009 [Jurliber] explain as follows...

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