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:


  • 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.



  • 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.

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