Are doctors' and nurses' opinions admissible under Ares v. Venner?

Ontario, Canada


The following excerpt is from Re J.C. (An Infant), 1984 CanLII 2731 (ON CJ):

[14] I have yet to hear argument whether the doctors’ and nurses’ opinions are the kinds of opinions that are admissible under Ares v. Venner, because the society faces some preliminary problems.

[15] In order for hospital records to be qualified for admission into evidence under Ares v. Venner, the court must be satisfied: (a) that the entry or record was made contemporaneously with the events then being recorded; (b) that the maker of the record had personal knowledge of the matters being recorded; (c) that the maker was under a duty to make the entry or record; and (d) that the maker of the record has been identified and is available to be called as a witness.

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