The Plaintiffs relied on read-ins from the Defendant’s Questioning. The Defendants argued that any read-ins introduced by the Plaintiff becamse part of the Plaintiffs’ case and that, therefore, the Plaintiffs were not entitled to challenge the credibility or reliability of the witnesses who gave that evidence.

Justice Aloneissi noted that Rule 5.31 allows a party to read-in evidence from questioning at trial. Under Rule 5.31(2), that evidence is evidence of the party who uses the transcript and is evidence only against the party who was questioned.

The Court cited Abt Estate v Cold Lake Industrial Park GP Ltd, 2019 ABCA 16 for the proposition that evidence from Questioning is not an admission unless otherwise stated, and that it must be weighed along with all the other evidence entered at Trial. Justice Aloneissi considered the Plaintiff’s read-ins in context and found they damaged the Defendants’ case.