What is the legal test for admitting hearsay evidence in a summary trial case?
British Columbia, Canada
The following excerpt is from Cadwell Estate v Martin, 2021 BCSC 1089 (CanLII):
The admission of hearsay evidence in these circumstances was discussed by Justice Skolrood in a previous unsuccessful summary trial application brought by the plaintiff, indexed at 2020 BCSC 2091, at para. 35. There, Skolrood J. quoted extensively from the decision of Justice Voith in Gutierrez v. Gutierrez, 2015 BCSC 185 [Gutierrez], where Voith J. stated at paras. 30 to 34:
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