Opening and Closing Addresses – Key Points to Remember

In Alison Braks v Dundeal Canada (GP) Inc., 2022 ONSC 4015, Justice Ramsay sets out key points for counsel to remember when delivering their opening and closing addresses to a jury. These tips include:

OPENING

• An opening should provide a general notion of what will be given in evidence. It should not mention matters that will not become evidence before the jury. A witness’s credibility should not be dealt with in an opening.

• Counsel may not suggest a matter which counsel knows is not proven even if supporting evidence is adduced.

• Counsel may not give evidence.

• Counsel may not suggest that evidence does not exist or that evidence has been excluded.

• Counsel may not express personal opinions.

• Counsel should not refer to inadmissible evidence or evidence that requires a ruling.

CLOSING

• Do not misstate evidence.
• Do not refer to facts or evidence that were not proven at trial.
• Do not invite the jury to consider irrelevant matters.
• Do not provide unfair comment on the evidence.
• Do not invite the jury to consider matters beyond the evidence provided at trial.
• Do not misstate the law.