Acts and Regulations

E-11 - Evidence Act

Full text
Copy of instrument as evidence
80Where a party is desirous of giving evidence in a court of an instrument other than a will, which has been duly registered and is relevant to the matter in question, he may produce in evidence a copy of the registry of such instrument certified by the registrar of deeds for the county where the same is registered, which copy shall, in the absence of the original instrument, be received and allowed as evidence of the contents thereof, but before any such copy is allowed it shall appear to the court by affidavit that such original is not under the control of the party, and that he does not know where the same may be found, and at least ten days notice in writing shall be given to the adverse party, his attorney or agent, of the intention to offer the same, such notice to be accompanied by a copy of such certified copy and of the affidavit, the due service thereof being also proved by affidavit to the satisfaction of the court.
R.S., c.74, s.71