Is a discovery transcript admissible under the rules of evidence?

Nova Scotia, Canada


The following excerpt is from H.M.Y. v. T.G.Y., 2006 NSSC 185 (CanLII):

[7] The discovery transcript of a party or portions of that transcript, have been considered admissible under the rules of evidence as an exception to the hearsay rule because the transcript constitutes “an admission” of a party. There is disagreement about whether a party’s statements contained in a transcript constitute hearsay. However, regardless of the categorization, there is acceptance that these transcripts are admissible under the rules of evidence provided that the portions of the transcript to be introduced are relevant. If a statement made by a party at discovery is relevant, Civil Procedure Rule 18.4(1) permits its use by an opposing party for any purpose. [Burton v. Howlett, 2001 Carswell NS 65 (N.S.C.A.)]

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