What is the case law on hearsay and hearsay in the context of business records?

Ontario, Canada


The following excerpt is from R. v. Blair, 2013 ONCJ 124 (CanLII):

[22] I appreciate that business records of this nature may contain hearsay information. Experts are, of course, entitled to consider hearsay for the purpose of providing their opinion and to that extent may of course be challenged in cross-examination. Certainly, a wholesale ruling by me to allow the filing of this documentation at the hearing, notwithstanding s. 30 of the Canada Evidence Act and the common law dating back to Ares v. Venner, could prove problematic so I do not propose to rule on the admissibility of the documentation at this juncture. I am, however, satisfied that the sealed records are relevant and ought to be produced, subject to rulings on admissibility as documentary evidence, if it should prove necessary. Having regard to the cooperation between counsel to this stage and their knowledge and expertise, I anticipate the need for any further rulings in this regard would likely be limited. CONCLUSION

Other Questions


What is the effect of a decision in Ares v. Venner on hearsay in the context of the hearsay rule? (Ontario, Canada)
What is the test for creating a computer-generated business record? (Ontario, Canada)
Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
What is the husband's failure to disclose the value of his business interests to the wife in the context of their separation proceedings? (Ontario, Canada)
In the context of the Divorce Act, what are some cases where the Court of Appeal has considered the meaning of notice in a family law context? (Ontario, Canada)
Is a tape recording of testimony before a superior court of criminal jurisdiction a protected record? (Ontario, Canada)
Are Pizza Pizza forms a "business record" under s. 30 of the Canada Evidence Act? (Ontario, Canada)
Does a fiduciary have to have informed consent to pursue a business opportunity that conflicts with the business of the company? (Ontario, Canada)
Does unconscionability in the matrimonial context apply to the commercial context? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.