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Login to watch this video if you have a subscription. Learn more about subscriptions.‘Working With Evidence’ provides strategies for obtaining and introducing evidence in accelerated proceedings. It reviews statutory amendments and procedural rules and examines appellate decisions that shape admissibility standards for financial, documentary and electronic materials. Practical methods include leveraging business records, government data and expert reports to authenticate documents, structuring admissions requests, preparing detailed witness statements and using technology to organize case materials while maintaining evidentiary compliance. The presentation also highlights specialized resources for further reference.
The presentation examines the legal and ethical landscape surrounding covert audio and video recordings in family law contexts. It explores civil privacy torts and criminal prohibitions, outlines standards for admissibility under procedural rules and evidentiary principles, and reviews illustrative judicial approaches to balancing probative value against privacy rights and fairness. Practical guidance covers methods for authenticating recordings, assessing potential liability, advising clients on risks and aligning recording‑based strategies with the best interests of children and policy considerations. Additional resources and technological tips are provided for deeper exploration.
Judy Overgaard practices exclusively family law at Elgin Family Law LLP. Judy obtained her law degree from the University of Western Ontario, and she was called to the Bar of Ontario in 2004. Judy has an Honours degree in Social Sciences (Criminology) from the University of Ottawa and a Social Service Worker diploma from Loyalist College. Judy is married and has two children. Judy loves to travel, and she loves all things Disney.
Alice graduated in 2008 with an Honours B.A., in Philosophy with an Emphasis in Applied Ethics, from Trent University. In 2011, she received her J.D., from the University of Ottawa (Cum Laude), and was called to the Bar in 2012. She is an associate lawyer at Nelligan O’Brien Payne, and a member of the Family Law and Civil Litigation practice groups. She also represents Residential School survivors. Alice volunteers with REACH Canada, an organization which assists people with disabilities in dealing with legal issues. She is also a regular author of blogs for The Family Connection (www.familyconnection.ca). During law school, Alice was actively involved in the University of Ottawa Community Legal Clinic. She was a division leader in the criminal division, and conducted pre-trial conferences, sentencing submissions, and a criminal trial. Before attending law school, Alice worked as a probation officer, where she gained perspective on the challenges faced by people who come into conflict with the law.
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.
