What are the elements of the common law business records exception?
British Columbia, Canada
The following excerpt is from Animal Welfare International Inc. v. W3 International Media Ltd., 2013 BCSC 2193 (CanLII):
Turning to the common law, the basic elements of the common law business records exception are set out in Ares v. Venner, 1970 CanLII 5 (SCC), [1970] S.C.R. 608 at 626 [Ares v. Venner]: Hospital records, including nurses’ notes, made contemporaneously by someone having a personal knowledge of the matters then being recorded and under a duty to make the entry or record should be received in evidence as prima facie proof of the facts stated therein.
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