What is the effect of a decision in Ares v. Venner on hearsay in the context of the hearsay rule?

Ontario, Canada


The following excerpt is from Re K.R. (An Infant), 1983 CanLII 2625 (ON CJ):

[20] The decision in Ares v. Venner can and, I think, should be seen as an invitation to depart from the strictures of the hearsay rule when not to do so would amount to an emphasis upon legal formalism over the desire to receive trustworthy evidence in a practical and sensible manner. However, acceptance of the applicant’s submission would be to transform an invitation to avoid excessive rigidity in the application of an evidentiary rule into a major departure from the rule where the policy reasons for doing so, as outlined in Ares v. Venner, are simply not present.

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