Acts and Regulations

E-11 - Evidence Act

Full text
Secondary evidence, prima facie evidence, agreed upon meaning
45(1)If a party desires to give in evidence a telegraph message or despatch sent to the opposite party, or shown to be in his possession, and notice to produce the same has been given as in ordinary cases, and the same is not produced under the notice, such party may give secondary evidence thereof; and if such message or despatch is produced under the notice, it shall, if otherwise admissible, be received in evidence the same as an original document.
45(2)Evidence that any such message or despatch was delivered at a telegraph office, and received thereat for transmission shall be prima facie evidence that the same was transmitted in due course, and received by the person to whom it was addressed.
45(3)When any telegraph message or despatch is signed, addressed or written, or appears on its face to have been signed or addressed or written in whole or in part in figures or any number, word, name, phrase or sentence agreed upon or recognized by the sender and receiver of such message or despatch as meaning between them some other word, number, name, phrase or sentence, or as having any other than the ordinary or apparent meaning of such figure, number or word, such signature, address or writing shall, for the purposes of this and the last preceding two sections, be taken to be the word, number, name, phrase or sentence so agreed upon and recognized between the sender and receiver as aforesaid, and such message or despatch shall for all purposes be treated as though the same had been written, addressed and signed in full, according to the meaning agreed upon or recognized as aforesaid and so transmitted.
R.S., c.74, s.39