When will the court allow hearsay evidence to prove allegations of alcoholism?
Alberta, Canada
The following excerpt is from Cardinal v. Cardinal, 1988 CanLII 3536 (AB QB):
Young v. Young involved hearsay evidence presented by the amicus curiae to prove allegations of alcoholism. Madam Justice Veit stated (at p. 69): There was, therefore direct evidence available and called both by the mother and the father relating to drinking. In my view, it would be clearly inappropriate for the court to allow hearsay evidence to be called by the amicus on this point. Considerations of convenience should not be allowed to override traditional evidentiary rules fostering trustworthiness by testing through cross-examination on such a fundamental issue in dispute.
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