Section 65: Notice required before using secondary evidence
65.Rules as to notice to produce
Secondary evidence of the contents of the documents referred to in section 64(1)(a) shall not be given unless the party proposing to give the secondary evidence has previously given to the party in whose possession or power the document is, or to his or her advocate, such notice to produce it as is prescribed by law, and if no notice is prescribed by law, then such notice as a court considers reasonable in the circumstances of the case, except that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the court thinks fit to dispense with it—
(a)when the document to be proved is itself a notice;
(b)when, from the nature of the case, the adverse party must know that he or she will be required to produce it;
(c)when it appears or is proved that the adverse party has obtained possession of the original by fraud or force;
(d)when the adverse party or his or her agent has the original in court;
(e)when the adverse party or his or her agent has admitted the loss of the document;
(f)when the person in possession of the document is out of reach of, or not subject to, the process of the court.
Plain English Summary
You must give the opposing party (or their lawyer) proper notice to produce an original document before you can use a copy of it as secondary evidence...
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