This means that even if the admissibility of the report cards could be successfully challenged because they contain impermissible opinion under section 35, they are admissible at common law, including the opinions and comments section, as declarations made in the course of a business duty because the maker of the record, the teacher, had personal knowledge of the matters that he or she was commenting on, a requirement of the common law exception. I would add that none of the documents is of a nature where there is any discernable risk of a motive to record false information with a view to mislead or misrepresent. The absence of motive to mislead is an element of the common law exception enunciated in Ares v. Venner. Lack of Personal Knowledge
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