Is extrinsic evidence admissible under the hearsay rule?
British Columbia, Canada
The following excerpt is from Dickinson-Starkey Estate (Re), 2022 BCSC 93 (CanLII):
That extrinsic evidence may include evidence of statements made by the deceased. Those statements may be admissible under a traditional exception to the hearsay rule as evidence of the deceased’s state of mind, or under the general “principled approach” to hearsay evidence if they satisfy the tests of necessity and reliability: Peterson v. Welwood, 2018 BCSC 1379 at paras. 70–78 [Peterson].
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