Are Pizza Pizza forms a "business record" under s. 30 of the Canada Evidence Act?
Ontario, Canada
The following excerpt is from R. v. C.O.L., 2010 ONSC 2755 (CanLII):
105 I was satisfied that "Pizza Pizza" order forms, electronically stored on their central server, are "business records" within the meaning of s. 30 of the Canada Evidence Act and the common law hearsay exception. They are clearly "made in the usual and ordinary course of business" as that term is understood. They were made contemporaneously, by a person with knowledge of the matters recorded, who was under an independent business duty to make the record accurately at the time. See: Ares v. Venner, 1970 CanLII 5 (SCC), [1970] S.C.R. 608.
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