What is the test for admitting evidence of a declarant as a declaration of contemporaneous physical sensation?
British Columbia, Canada
The following excerpt is from White v. Stonestreet, 2005 BCSC 1751 (CanLII):
The rule does not require that the declarant be deceased. In Pinette v. Parsens, Prowse J. admitted evidence of what a 15-year-old girl told her mother about her injuries following a motor vehicle accident, as evidence of the fact of those injuries, in support of a claim for damages. Moreover, in that case, as in this, the declarant was not only available to testify, but did testify at trial. The statements were admitted as declarations of contemporaneous physical sensation.
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