Acts and Regulations

E-11 - Evidence Act

Full text
Telegraph message or despatch
44Where a party to an action, matter or proceeding in a court, desires to give in evidence on the trial or hearing any telegraph message or despatch not sent to, or in the possession of, the opposite party, he may, at least ten days before offering the same in evidence, give to the opposite party, his solicitor or attorney, notice of his intention to offer such telegraph message or despatch in evidence, together with a copy of such message or despatch; and if the Court is satisfied by affidavit or otherwise that such notice and copy have been given as aforesaid, and that the period of ten days is sufficient notice under the circumstances, such telegraph message or despatch shall, if otherwise admissible, be received and admitted as prima facie evidence of its having been dated, directed, written and signed by the person whose name appears therein as the sender thereof, and it shall in such case be presumed, until proved to the contrary, that the same was sent and signed by the person by whom it purports to have been sent and signed, and at the date, and from the place, and to the person mentioned therein respectively.
R.S., c.74, s.38