Is hearsay evidence admissible on an interlocutory motion?
British Columbia, Canada
The following excerpt is from Kvaerner U.S. Inc. v. AMEC E&C Services Limited, 2004 BCSC 635 (CanLII):
In considering the evidence, I am constrained to exclude hearsay. In interlocutory motions, evidence based on information and belief is acceptable: Rule 51(10)(a). The exception is where the order sought is a final order. Here the relief sought by the defendant is in the nature of a final order. Hearsay evidence is therefore not admissible: Cook v. Parcel, supra, at 36.
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