Can hearsay evidence be inadmissible in a personal injury action?

Ontario, Canada


The following excerpt is from First Capital Realty Inc. v. Centrecorp Management Services Limted, 2009 CanLII 31608 (ON SCDC):

In Bell ExpressVu Limited Partnership v. Pellettier, [2009] O.J. No. 408 Wilton-Siegel J. held, at paragraph 14-15 that hearsay evidence is not inadmissible. With respect to the issue of reasonable explanation for the delay, he wrote, at paragraph 22, "I do not think that inattention should be sufficient to exclude potentially relevant evidence when the evidence is adduced in support of statements made in an earlier affidavit rather than to raise novel issues. Furthermore, any costs of the defendants can be compensated for in a costs award."

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