Prof. Peter Sankoff and third-year student Zachary Wilson publish co-authored paper

Article examines the exclusion of improperly obtained evidence in civil cases

Sarah Kent - 03 May 2021

Professor Peter Sankoff and third-year student Zachary Wilson of the University of Alberta Faculty of Law have co-authored a new article on whether trial judges can or should exclude improperly obtained evidence in civil proceedings.

The article, titled “A Jurisprudential ‘House of Cards’: The Power to Exclude Improperly Obtained Evidence in Civil Proceedings,” appears in The Canadian Bar Review.

Sankoff and Wilson note that in recent years, judges in civil cases have increasingly used their discretion to “exclude relevant, probative evidence simply because of the manner in which it was obtained.”

The article analyzes the “shaky jurisprudential foundation” that is relied upon to support the judicial power to exclude improperly obtained evidence in civil proceedings.

Sankoff and Wilson conclude that most trial judges “rely on little authority and have failed to consider the broader dimensions of taking this course.”